Common use of General Release Clause in Contracts

General Release. In consideration of, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiaries, on behalf of themselves and their successors and assigns (collectively, the “Releasors”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations.

General Release. In For and in consideration ofof the agreement by the State of New ▇▇▇▇ and Defendants to pay the monies referenced in Paragraph 2 of this Settlement Agreement, among and other thingsgood and valuable consideration, the Noteholders’ execution sufficiency of which is hereby acknowledged, and delivery of except for the rights and obligations set forth in this First Amended Forbearance Settlement Agreement, the Company and the SubsidiariesPlaintiff, on behalf of themselves and their successors herself, her heirs, executors, administrators, successors, and assigns (collectively, “the “ReleasorsReleasing Parties”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and forever discharge to Defendants, and the fullest extent permitted by lawState of New York, each Releasee fromtogether with all of its present and former agencies, entities, departments, offices, subdivisions, subsidiaries, administrators, principals, officers, employees, directors, members, trustees, agents, attorneys, insurers, whether in their individual or official capacities, or any and of them, or all claims of them (includingcollectively, without limitation, crossclaims, counterclaims, rights of set-off and recoupment“the Released Parties”), from all manner of actions, injuries, proceedings, causes of action, grievances, suits, debts, obligations, dues, sums of money, accounts, interestscontracts, lienscontroversies, agreements, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsclaims, costsand demands whatsoever, expenses direct or claims whatsoever (collectivelyindirect, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether discovered or undiscovered, that the Releasing Parties ever had, now existing have, or hereafter arisingshall or may have in the future against some, whether arising at law any, or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officersReleased Parties, directorsfor or by reason of any act, employeestransaction, agentsoccurrence, attorneysomission, advisorscause, auditorsmatter, consultants or thing whatsoever up to and other representative including the date of each this Settlement Agreement, including but not limited to: (a) any and all claims regarding or arising out of the foregoing acts, transactions, occurrences, or omissions which are described, alleged, or contained in the Action, including without limitation the Complaint in the Action; (collectivelyb) any and all claims for attorneys’ fees, the “Releasees”)costs, based in whole disbursements and all other expenses incurred by or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out behalf of otherwise are Plaintiffs in connection with the Action, and any other action or proceeding, whether judicial, administrative or otherwise; (c) any and all claims regarding or arising directly or indirectly from Plaintiffs’ association with any of the Released Parties or the terms and conditions of their association with any of the Released Parties; (d) any and all claims of access to courts, conspiracy, retaliation, or discrimination based upon disability, age, race, color, national origin, ancestry, religion, marital status, sex, sexual harassment, sexual orientation, gender identity, citizenship, military service, status, or medical condition, whether actual or perceived; (e) any and all claims under federal, state, or local laws, statutes, constitutions, regulations, rules, ordinances, or orders, including but not limited to claims under 42 U.S.C. §§ 1981-1988, Title VI, Title VII, Title IX, the Equal Pay Act of 1963, 29 U.S.C. § 206(d), the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634, the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., the New York State Human Rights Law New York Executive Law § 296, et seq., the New York City Human Rights Law, New York City Administrative Code § 8- 101, et seq., the New York State Labor Law, including but not limited to claims related to minimum wage, overtime, spread of hours, commissions, tips or gratuities, and all claims arising under the Wage Theft Prevention Act and N.Y. Labor Law §§ 190, 215, 651, 652, 740 and 741 et seq., N.Y. Civil Service Law § 75-b, the United States Constitution, the New York State Constitution, the New York City Charter, and any other federal, state or local law; (f) any claims of retaliation for participation in a protected activity and/or engaging in any activity protected under any federal, state, or local laws, statutes, constitutions, regulations, rules, ordinances, or orders; (g) any and all claims for salary, bonuses, earnings, minimum wage pay, overtime pay, severance pay, vacation pay, sick pay, incentive pay, clinical practice income, or other compensation, or any non-vested retirement, pension, or savings plan or other benefits; (h) any and all grievances pursuant to any applicable collective bargaining agreement; and (i) any aspect and all other claims, whether for moneys owed, damages (including but not limited to claims for equitable relief, compensatory, punitive, or other damages), vocational services, breach of the businessimplied or express contract, operationsbreach of promise, assetsmisrepresentation, propertiesnegligence, affairs fraud, estoppel, defamation, assault, battery, infliction of emotional distress, tortious interference with contract, tortious interference with business relations, tortious interference with prospective contractual relations, tortious interference with prospective business relations, violation of public policy, wrongful or constructive discharge, or any other aspect tort, or any claim for costs, fees, or other expenses, including attorneys’ fees, or any other claims under federal, state, or local law relating to employment, education, vocational services, discrimination, retaliation, retirement, or otherwise. Except for the rights and obligations set forth in this Settlement Agreement, this release also includes a waiver and release of any and all claims related to allegations made before the Company U.S. Equal Employment Opportunity Commission (“EEOC”), the NYS Division of Human Rights, and/or the New York City Commission on Human Rights, as well as any and all claims against the State of New York, its agencies, departments, and officials in the New York Court of Claims or any other forum, administrative or otherwise, related to or arising from any transactions, acts, omissions, or occurrences up to and including the Subsidiariesdate of this Settlement Agreement. Plaintiff is not waiving or releasing any nonwaivable statutory protections. Plaintiff is not waiving or releasing any claims under New York Military Laws; any claims under New York Labor Law §§ 220 to 224; or any unemployment benefit rights under the New York Unemployment Insurance Law. Additionally, nothing in this release prohibits Plaintiff’s right to testify, assist, or participate in an investigation, hearing, or proceedings conducted by the EEOC. Nothing contained in this Agreement shall be construed to prohibit Plaintiff from; (iii) bringing any aspect of action to enforce the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions terms of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations.Agreement;

General Release. In consideration of, among other thingsFor valuable consideration, the Noteholders’ execution receipt and delivery adequacy of this First Amended Forbearance which are hereby acknowledged, which are set forth in that certain Employment Agreement, dated July 17, 2007 (the Company “Employment Agreement”) between Full House Resorts, Inc. (the “Company”) and ▇▇▇▇▇ ▇▇▇▇▇▇▇ (“Executive”), the SubsidiariesCompany, on behalf of themselves for itself and their for (a) its subsidiaries, related and affiliated companies, (b) its predecessors, successors and assigns (collectivelyc) its current and past officers and directors, and (d) its agents and employees, and in each case does hereby release and forever discharge the “Releasors”)Releasees” hereunder, hereby forever agree consisting of Executive and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) his heirs and hereby forever waiveassigns, release of and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights manner of set-off and recoupment), action or actions, cause or causes of action, in law or in equity, suits, debts, accountsliens, interestscontracts, liensagreements, promises, warrantiesliability, damages and consequential and punitive damagesclaims, demands, agreementsdamages, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionslosses, costs, expenses attorneys’ fees or claims whatsoever expenses, of any nature whatsoever, known or unknown, fixed or contingent (collectively, the hereinafter called “Claims”), that such Releasor which the Company or any of its subsidiaries, related and affiliated companies, predecessors, successors, assigns, current and past officers and directors, agents and employees now has have or may hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, have against the Noteholders in Releasees, or any capacity and their affiliatesof them, shareholders and “controlling persons” (within by reason of any matter, cause, or thing whatsoever from the meaning beginning of time to the federal securities law)date hereof. Notwithstanding the foregoing, and their respective successors and assigns and each and all of this General Release shall not operate to release any Claims which the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole undersigned may have relating to or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise arising out of otherwise are in connection with (i) any aspect of the businessExecutive’s intentional, operations, assets, properties, affairs willful or any other aspect of the Company reckless misconduct or the Subsidiaries; (ii) Executive’s fraud or breach of fiduciary duty (the “Unreleased Claims”). The Company represents and warrants that there has been no assignment or other transfer of any aspect of interest in any Claim (other than Unreleased Claims) which it may have against the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other handReleasees, or (iii) the Indenture any of them. The Company agrees that if it or any transactions contemplated thereby of its subsidiaries, related and affiliated companies, predecessors, successors, assigns, current and past officers and directors, agents and employees hereafter commences any suit arising out of, based upon, or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by relating to any of the Releasees and Claims released hereunder or in any manner asserts against Releasees, or any of them, any of the Claims released hereunder, then the Company agrees to pay to Releasees, and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness each of the releases set forth herein do not depend them, in addition to any way on any such representationsother damages caused to Releasees thereby, acts and/or omissions all reasonable attorneys’ fees incurred by Releasees in defending or the accuracy, completeness otherwise responding to said suit or validity hereofClaim. The provisions Company further understands and agrees that neither the payment of any sum of money nor the execution of this Section 4 Release shall survive constitute or be construed as an admission of any liability whatsoever by the expiration Releasees, or any of them, who have consistently taken the Forbearance Period and position that they have no liability whatsoever to the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsCompany.

General Release. In consideration of, among other things, As a material inducement for the Noteholders’ execution and delivery of Company to enter into this First Amended Forbearance Agreement, and in consideration of the Severance Payment Amount set forth herein, except as to claims that cannot be released under applicable law, Employee agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Employee by the Company and the Subsidiariesits officers, directors, trustees, shareholders, managers, supervisors, agents, representatives, and employees. Employee, on Employee’s own behalf, and on the behalf of themselves all of Employee’s heirs, family members, executors, agents, and assigns, hereby fully and forever discharges and releases the Company and its officers, directors, managers, employees, agents, representatives, investors, trustees, shareholders, insurers, administrators, and their successors heirs, executors and administrators, and all persons acting by, through, under or in concert with any of them, and each of them, and affiliates, divisions, parents, subsidiaries, predecessor and successor corporations, and assigns (collectively, the “ReleasorsReleasees”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waivefrom any claim, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes cause of action, suitssuit, debtsdemand, accountscomplaint, interestsliability, lienscontroversy, promisesloss, warrantiesdamage, damages and consequential and punitive damagescharge, demandsdebt, agreementsexpense, bondscost, billsinjury, specialtiesright, covenantsduty, controversiesobligation, variancesagreement, trespasses, judgments, executions, costs, expenses promise or claims whatsoever for attorneys’ fees (collectively, the collectively “Claimsclaims”), that such Releasor now has known or hereafter may haveunknown, relating to any matters of whatsoever nature and any kind, whether known or unknown, whether suspected or unsuspected, that Employee now existing has or hereafter arisingclaims to have, whether or which Employee at any time had or claimed to have had, arising at law from any omissions, acts, or in equityfacts that have occurred up until and including the Effective Date of this Agreement including, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” without limitation: (within the meaning of the federal securities law), and their respective successors and assigns and each a) Any and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole claims relating to or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection arising from Employee’s employment relationship with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiariestermination of that relationship. (b) Any and all claims under the law of any jurisdiction, on including, but not limited to, wrongful discharge from employment, constructive discharge from employment, termination in violation of public policy, discrimination, retaliation, breach of contract, both express and implied, breach of the one handcovenant of good faith and fair dealing, both express and implied, unjust enrichment, promissory estoppel, negligent or intentional infliction of emotional distress, negligent or intentional misrepresentation, negligent or intentional interference with contract or prospective economic advantage, unfair business practices, defamation, libel, slander, negligence, personal injury, assault, battery, invasion of privacy, false imprisonment and conversion; (c) Any and all claims for violation of any federal, state, local or municipal statute, regulation, or rule, or common law, including, but not limited to, Title VII of the Civil Rights Act of 1964 (as amended), the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990 (as amended), the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974 (ERISA) (as amended), the Worker Adjustment and Retraining Notification Act, Genetic Information and Discrimination Act, the Older Workers’ Benefit Protection Act of 1990 (OWBPA), the National Labor Relations Act; the Civil Rights Act of 1866; 42 U.S.C. § 1981 (as amended), the Family and Medical Leave Act, and all applicable South Carolina employment laws; (d) Any and all claims for violation of the Noteholdersfederal or any state constitution; (e) Any and all claims arising out of any other laws and regulations relating to employment and employment discrimination; (f) Any claim for loss, on the other handcost, damage, injury, or (iii) expense arising out of any dispute over the Indenture non-withholding or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by other tax treatment of any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions proceeds received by Employee as a result of this Section 4 shall survive the expiration of the Forbearance Period Agreement; (g) Any and the termination of this First Amended Forbearance Agreement all claims for attorneys’ fees and payment in full of the Obligationscosts; and (h) Any and all EEO claims.

General Release. In consideration ofUpon full execution of the Retention Agreement (the “Retention Agreement”) dated January 17, among other things2006 by and between ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Company (the “Company”) and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ (the “Employee”), the Noteholders’ execution Employee pursuant to this General Release (this “Release”) releases and delivery of this First Amended Forbearance Agreement, discharges forever the Company and the Subsidiarieseach of its subsidiaries and affiliates, on behalf and each of themselves their respective current and their former directors, officers, boards, administrators, shareholders, employees, attorneys, agents and representatives, predecessors, successors and assigns (collectively, the “ReleasorsCompany Parties”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (includingas the case may be, without limitationof and against all liabilities, crossclaims, counterclaims, rights of set-off and recoupment), actionsclaims, causes of action, suitscharges, debtscomplaints, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsobligations, costs, expenses or claims whatsoever (collectivelylosses, the “Claims”)damages, that such Releasor now has or hereafter may haveinjuries, attorneys’ fees and other legal responsibilities, of whatsoever any form, any kind and character whatsoever, whether legal, contractual, statutory or equitable in nature and kindor otherwise, whether known or unknown, whether suspected or unsuspected, direct or indirect, absolute, fixed or contingent, that Employee now existing owns, holds, has or hereafter arisingclaims to have, whether arising or owned at law any time, held, had or in equityclaim to have had or may come to own, hold, have or claim to have against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise Company Parties arising out of otherwise are any matter or thing done, omitted to be done or suffered to be done by the Employee, or any of them, prior to and including the date hereof, specifically including, without limitation, matters arising out of or in connection with (i) the Employee’s employment by and with the Company. Pursuant to the terms and conditions of this Release, the Employee hereby knowingly, voluntarily and expressly waives and relinquishes any aspect and all rights and benefits that he may have under Section 1542 of the businessCalifornia Civil Code, operations, assets, properties, affairs or under any similar provision of law of any state or territory of the United State or any other aspect jurisdiction and under any similar or analogous principle of common law, relating to his employment by and with the Company. The Employee expressly understands and acknowledges that Section 1542 of the California Civil Code provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.” The Employee further agrees and acknowledges that this waiver of all rights and similar benefits under such Section 1542 and under any similar statutes of any other jurisdiction (to the fullest extent that the Employee may lawfully waive all such rights and benefits with respect to the subject matter of this Release) are essential and material terms of this Release, without which the consideration given pursuant to the Retention Agreement by the Company would not have been given. The Employee represents, warrants and agrees that he has received, or has fair and ample opportunity to receive, independent legal advice from his attorney with respect to the Subsidiaries; (ii) any aspect advisability of executing this Release. Each of the dealings or relationships between or among Employee and the Company expressly acknowledges and the Subsidiariesagrees that this Release represents a release of potential claims and is not, on the one handin any respect, and the Noteholdersnor for any purpose, on the other hand, to be deemed or (iii) the Indenture construed to be an admission or concession of any transactions contemplated thereby liability or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions wrongdoing by any of the Releasees Company Parties whatsoever or of the existence of any claim. This Release shall be construed and enforced in accordance with, and governed by, the internal, substantive laws of the State of California. Any lawsuits filed to enforce any provision of this Release by either the Employee or the Company and shall be filed in the Subsidiaries hereby agree and acknowledge that Superior Court for the validity and effectiveness State of the releases set forth herein do not depend in any way on any such representationsCalifornia, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions County of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsLos Angeles.

General Release. In consideration of, among other things, the NoteholdersLenders’ execution and delivery of this First Amended Forbearance AgreementAmendment, the Company and the SubsidiariesBorrower, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree waives, releases and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waivedischarges, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders Administrative Agent or any or all Lenders in any capacity and each of their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance First Amendment Effective Date, that relate to, arise out of or otherwise are in connection with (i) any aspect or all of the business, operations, assets, properties, affairs Loan Documents or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts actions or omissions in connection therewiththerewith through the date of this Amendment. The receipt by Borrower of any Loans or other financial accommodations made by any Lender after the date hereof shall constitute a ratification, providedadoption, however, that and confirmation by such party of the foregoing shall general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not release now known or unknown, existing on or prior to the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate of receipt of any such Loans or other financial accommodations. In entering into this First Amended Forbearance AgreementAmendment, the Company and the Subsidiaries Borrower consulted with, and have has been represented by, legal counsel and expressly disclaim disclaims any reliance on any representations, acts or omissions by any of the Releasees and the Company hereby agrees and the Subsidiaries hereby agree and acknowledge acknowledges #97084232v4 that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofthereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations. Borrower hereby agrees that it shall be obligated to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by or on behalf of any Person, including, without limitation, the respective officers, directors, agents, trustees, creditors, partners or shareholders of Borrower or any of its Subsidiaries, whether threatened or initiated, in respect of any claim for legal or equitable remedy under any statute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Credit Agreement, the other Loan Documents, this Amendment or any other document executed and/or delivered in connection herewith or therewith prior to the date of this Amendment; provided, that Borrower shall have no obligation to indemnify or hold harmless any Releasee hereunder with respect to liabilities to the extent they result from the gross negligence or willful misconduct of that Releasee as determined by a final non-appealable order of a court of competent jurisdiction. If and to the extent that the foregoing undertaking may be unenforceable for any reason, ▇▇▇▇▇▇▇▇ agrees to make the maximum contribution to the payment and satisfaction thereof that is permissible under Applicable Law. The foregoing indemnity shall survive the termination of this Amendment, the Credit Agreement, the other Loan Documents and the payment in full of the Obligations.

General Release. (a) In consideration offor the receipt of those payments that are in excess of the amount required to be paid to you by applicable law (as detailed in the settlement of account attached hereto), among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiariesyou, on behalf of themselves yourself and their your family, agents, representatives, heirs, executors, trustees, administrators, attorneys, successors and assigns (collectively, the “Releasors”), hereby forever agree irrevocably and unconditionally (i) represent and warrant that you have received in a timely manner full and complete payment of all amounts due to you under your employment arrangements with the Company or under any applicable law and/or in connection with the termination of your employment, both at law and pursuant to the terms of the employment arrangements and (ii) release, settle, cancel, acquit, discharge and acknowledge to be fully satisfied, and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) Company and hereby forever waiveeach of its respective past and/or present subsidiaries, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders successors and “controlling persons” (within the meaning of the federal securities law)assigns, and each of their respective successors predecessors, and assigns and each and all of the officerspast and/or present stockholders, partners, members, directors, managers, officers, employees, agentsagents or other representatives, attorneys, advisors, auditors, consultants and other representative of each employee benefit plans of the foregoing Company or its affiliates, including, but not limited to, trustees and administrators of these plans, in each case, in their individual and/or representative capacities (collectively, the “Releasees”)) from any and all claims, based contractual or otherwise, demands, costs, rights, causes of action, charges, debts, liens, promises, obligations, complaints, losses, damages and all liability of whatever kind and nature, whether known or unknown, and hereby waive any and all rights that he, she or it may have, from the beginning of time up to and including the time of signing this Release Agreement, or that otherwise may exist or may arise in whole respect of your employment or in part on facts whether separation from employment with the Company, or is any way connected with or related to any applicable compensatory or benefit plan, program, policy or arrangement, including, but not now known, existing on or before the Amended Forbearance Effective Date, that relate limited to, arise out any claims relating to salaries, benefits, bonuses, compensation, fringe benefits, social benefits according to any law or agreement, amounts of otherwise are in connection with (i) any aspect director’s insurance, pension fund, provident fund and education fund, overtime, severance pay, sick pay, recreation payments, vacation payments, prior notice payments, options or other securities, reimbursement of the business, operations, assets, properties, affairs or expenses and/or any other aspect of the Company payments or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions benefits due to you by any of the Releasees Releasees, as well as any claims arising under any United States federal, state or local laws, including, but not limited to, any and all claims under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Older Workers Benefit Protection Act of 1990, the Equal Pay Act, the Americans with Disabilities Act of 1990, as amended, the Family and Medical Leave Act of 1993, the Employee Retirement Income Security Act of 1974, as amended, and any and all other United States federal, state or local regulations, ordinances or public policies, any common law or equity claims, or claims under any policy, agreement, understanding or promise, written or oral, formal or informal, between the Company and any of its affiliates and yourself, now or hereafter recognized, including claims for wrongful discharge, slander and defamation, as well as all claims for counsel fees and costs; provided, that such released claims shall not include any claims to enforce your rights under, or with respect to, any post-termination obligations of the Subsidiaries Company expressly undertaken by the Company under your employment arrangements with the Company. (b) The Releasors agree not to bring any action, suit or proceeding whatsoever (including the initiation of governmental proceedings or investigations of any type) against any of the Releasees hereto for any matter or circumstance concerning which the Releasors have released the Releasees under this Release Agreement. Further, the Releasors agree not to encourage any other person or suggest to any other person that he, she or it institute any legal action against the Releasees, and you hereby declare, confirm and undertake that, if the Releasors or anyone else in their name should deliver a claim as mentioned above you shall reimburse the Releasees and anyone else on their behalf to the full extent of the sum of the legal expenses and legal fees incurred by them as a result of any such claim; and in the event that Releasors prevail in such legal action , then the Releasees shall reimburse such sum to the you or the Releasors. Notwithstanding the forgoing, this Release Agreement is not intended to interfere with your right to file a charge with the Equal Employment Opportunity Commission in connection with any claim you believe you may have against the Company. The Releasors hereby agree and acknowledge that to waive the validity and effectiveness of the releases set forth herein do not depend right to any relief (monetary or otherwise) in any way on any such representationsaction, acts and/or omissions suit or the accuracy, completeness or validity hereof. The provisions proceeding you may bring in violation of this Section 4 shall survive Release Agreement, including any proceeding before the expiration of Equal Employment Opportunity Commission or any other similar body or in any proceeding brought by the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsEqual Employment Opportunity Commission or any other similar body on your behalf.

General Release. In consideration of, among other things, the Noteholders’ execution and delivery of (a) Except for obligations specifically set forth in this First Amended Forbearance Agreement, each of the Investors, for itself and its affiliated companies and its and their legal successors, assigns, officers, directors, partners, members, shareholders, agents, servants and employees, hereby releases and forever discharges the Company and the Subsidiaries, on behalf of themselves its affiliated companies and its and their successors legal successors, assigns, officers, directors, partners, members, shareholders, affiliates, agents, servants and assigns employees (collectively, the “ReleasorsReleased Company Parties”), hereby forever agree of and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingclaims, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suitsrights, debts, accountsliabilities, interestsobligations, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses causes of action of any kind or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kindnature, whether known or unknown, whether which any Investor ever had, now existing has, or may hereafter arisinghave, whether against any of the Released Company Parties, arising at law out of, based upon, or relating to any act, omission, event, matter or thing relating to, in connection with, or arising from the Stock, the Original Purchase Agreement, the Warrants, the Registration Rights Agreement, or any actions, omissions, advice, statements, communications, representations, or agreements given, provided, made, taken, or omitted by or on behalf of any of the Released Company Parties in connection with or relating to the Stock, the Original Purchase Agreement, the Warrants, or the Registration Rights Agreement (collectively, the “Released Matters”). Without limiting the generality of the foregoing, each of the Investors specifically agrees and acknowledges that it no longer has any rights under the Original Purchase Agreement, the Warrants, or the Registration Rights Agreement and shall no longer be treated as a party to any of those agreements. (b) Each of the Investors understands and agrees that Section 6(a) is a full and final release covering all known as well as unknown or unanticipated debts, claims, or damages it may have against the Released Company Parties in connection with the Released Matters. Therefore, each of the Investors hereby waives any and all rights or benefits which it may now have, or in equitythe future may have, against under the Noteholders terms of Section 1542 of the California Civil Code which provides as follows (or any other statute or common law principle with a similar effect): A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. (c) Nothing in this Agreement shall constitute any capacity admission of liability by any party. (d) Each of the Investors covenants and their agrees that neither it nor its successors, assigns, affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)subsidiaries, and their respective successors and assigns and each and all of the officersrelated entities, directors, employeesofficers, shareholders, managers, partners, agents, attorneys, advisorsmembers, auditorsand employees will hereafter commence, consultants and maintain, or prosecute any lawsuit, proceeding, or other representative of each action at law or otherwise, or assert any claim or charge, against any of the foregoing Released Company Parties arising out of or relating to any of the Released Matters. (collectivelye) Each of the Investors represents and warrants that it has not sold, the “Releasees”assigned, granted, or transferred (or purported to sell, assign, grant, or transfer), based in whole or in part on facts whether part, to any person, company or not now knownother entity any interest in any of the claims, existing on demands, debts, liabilities, actions, or before causes of action it is releasing pursuant to this Agreement. (f) Each of the Amended Forbearance Effective DateInvestors, that relate tofor itself and its affiliated companies and its and their officers, arise out of otherwise are in connection with directors, partners, managers, members, agents, and employees, agrees (i) not to make any aspect of the business, operations, assets, properties, affairs written or any other aspect of oral disparaging or otherwise negative remarks about the Company or the Subsidiaries; its affiliates, officers, directors, partners, members, agents, and employees and (ii) not to make any aspect of the dealings written or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In oral statements about its reasons for entering into this First Amended Forbearance AgreementAgreement (except to the extent required by applicable law). The Company, the Company for itself and the Subsidiaries consulted withits affiliated companies and its and their officers, directors, partners, members, agents, and have been represented byemployees, legal counsel agrees (i) not to make any written or oral disparaging or otherwise negative remarks about the Investors or their affiliates, officers, directors, partners, members, agents, and expressly disclaim employees and (ii) not to make any reliance on any representations, acts written or omissions oral statements about its reasons for entering into this Agreement (except to the extent required by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationsapplicable law).

General Release. In consideration of, among other things, (a) Each of the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesRestricted Parties, on behalf of themselves himself or itself and each of their Affiliates (including any trust in which he is a trustee or beneficiary), successors and assigns (collectively, the “Releasors”)assigns, hereby remise, release, acquit, satisfy and forever agree and covenant not to ▇▇▇ or prosecute against discharge the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, Company from any and all claims (including, without limitation, crossclaims, counterclaims, rights manner of set-off action and recoupment), actions, causes and causes of action, suits, debts, dues, sums of money, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreementsreckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, costsclaims and demands whatsoever, expenses in law or claims whatsoever in equity (collectively, the “Claims”), that which such Releasor Restricted Party or his Affiliates ever had, now has has, or which any successor, or assign of such party or his Affiliates hereafter can, shall or may have, against the Company, for, upon or by reason of whatsoever nature and kindany matter, whether cause or thing whatsoever, known or unknown, whether now existing directly or hereafter arisingindirectly, from the beginning of the world to the date of this Agreement. (b) It is the specific intent of each Restricted Party to specifically forever settle all Claims that such Restricted Party or its Affiliates may have against the Company, whether they be known or unknown, matured or unmatured or otherwise, including all further costs and attorneys’ fees derived therefrom. (c) Each Restricted Party also represents, warrants and agrees that it has not transferred or assigned any of the released Claims and is the sole owner of such rights being released hereby, and that by signing this Agreement, such Restricted Party additionally covenants not to, and to cause its Affiliates not to, ▇▇▇ or to file any complaint of any kind whatsoever arising at law out of or in equity, against the Noteholders any way relating to any Claim released hereby. (d) Each Restricted Party hereby agrees that this Section 2 extends to all Claims which such Restricted Party or its Affiliates know or suspect to exist in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning its favor as of the federal securities law)date of this Agreement or believes may come into existence in the future. Each Restricted Party intends this Section 2 to be a full and complete release in satisfaction of all Claims, and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on known or before suspected by such Restricted Party or its Affiliates to exist in its favor at the Amended Forbearance Effective Date, that relate to, arise out time of otherwise are in connection with execution of this Agreement. (ie) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive Agreement may be pleaded as a full and complete defense to, and may be used as the expiration of the Forbearance Period and the termination basis for any injunction against, any action, suit or other proceeding that may be instituted, prosecuted or attempted in breach of this First Amended Forbearance Agreement Agreement. (f) For purposes of clarification, the parties acknowledge and payment in full of agree that the ObligationsRestricted Parties are not releasing any Claims that they may have against the Purchaser or its affiliates under the Purchase Agreement.

General Release. In consideration of(a) Effective on the date hereof, among other thingseach Borrower Party, the Noteholders’ execution for itself and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiaries, on behalf of themselves its successors, assigns, and their officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, remises and forever discharges Lender, each of its Affiliates, and each of its successors in title, past, present and assigns future officers, directors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, shareholders, trustees, agents and other professionals and all other Persons to whom any member of the Lender would be liable if such Persons were found to be liable to such Borrower Party (each a “Releasee” and collectively, the “ReleasorsReleasees”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingpast, without limitationpresent and future claims, crossclaimssuits, counterclaimsliens, rights of set-off and recoupment)lawsuits, actionsadverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, obligations, liabilities, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demandslosses, agreementscosts and expenses of any kind or character, bondswhether based in equity, billslaw, specialtiescontract, covenantstort, controversiesimplied or express warranty, variancesstrict liability, trespasses, judgments, executions, costs, expenses criminal or claims whatsoever civil statute or common law (each a “Claim” and collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforseen, past or present, liquidated or unliquidated, suspected or unsuspected, which such Borrower Party ever had from the beginning of the world to the date hereof, now existing has, or might hereafter arisinghave against any such Releasee which relates, whether arising at directly or indirectly to the Loan Agreement, any other Loan Document, or to any acts or omissions of any such Releasee with respect to the Loan Agreement or any other Loan Document, or to the lender, borrower relationship evidenced by the Loan Documents. As to each and every Claim released hereunder, each Borrower Party hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” As to each and every Claim released hereunder, each Borrower Party also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of California), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Borrower Party acknowledges that it may hereafter discover facts different from or in equityaddition to those now known or believed to be true with respect to such Claims and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against the Noteholders any action, suit or other proceeding which may be instituted, prosecuted or attempted in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning breach of the federal securities law)provisions of such release. (b) Each Borrower Party, for itself and on behalf of its successors, assigns, and their respective successors and assigns and each and all of the officers, directors, employees, agents, agents and attorneys, advisorsand any Person acting for or on behalf of, auditorsor claiming through it, consultants hereby absolutely, unconditionally and other representative irrevocably, covenants and agrees with and in favor of each Releasee above that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Each Borrower Party further agrees that it shall not dispute the validity or enforceability of the foregoing (collectively, the “Releasees”), based in whole Loan Agreement or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and other Loan Documents or any of its obligations thereunder, or the Company and validity, priority, enforceability or the Subsidiaries hereby agree and acknowledge that the validity and effectiveness extent of the releases set forth herein do not depend in any way Lender’s lien on any such representations, acts and/or omissions item of collateral under the Loan Agreement or the accuracyother Loan Documents. If any Borrower Party or any of their respective successors, completeness assigns, or validity hereof. The provisions officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of this Section 4 shall survive the expiration such violation, all attorneys’ fees and costs incurred by such Releasee as a result of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationssuch violation.

General Release. In consideration of, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesMonsanto, on behalf of themselves Monsanto and their successors all successors, representatives, Affiliates, agents and assigns (collectivelyof Monsanto, the “Releasors”)fully and unconditionally forever releases and discharges Stoneville and its respective successors, hereby forever agree assigns, Affiliates and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) subsidiaries and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, counsel, agents, attorneysshareholders, advisorsand members, auditorsin each case past, consultants current, or as they may exist at any time after this date, and other representative each person, if any, who controls, controlled, or will control any of each them within the meaning of Section 15 of the foregoing Securities Act of 1933 or Section 20(a) of the Securities Exchange Act of 1934 (collectively, the “Releasees”), based from any and all claims, demands, manners of action, causes of action, agreements (including, without limitation, any agreements among Stoneville and Monsanto), bonds, bills, contracts, controversies, promises, damages, judgments, claims, debts or liabilities whatsoever whether known or unknown, suspected or unsuspected, both at law and in whole equity, which Monsanto, or in part on facts whether its successors, officers, directors, shareholders, employees, administrators, representatives, Affiliates, agents or not assigns, now knownhas, existing on has ever had or before hereafter may have against the Amended Forbearance Effective Date, that relate to, arise out of otherwise are respective Releasees arising in connection with (i) any aspect action or inaction of Stoneville prior to the Closing and/or the operation of the business, operations, assets, properties, affairs or any other aspect of Business prior to the Company or the SubsidiariesClosing (all such claims are hereinafter referred to collectively as “Claims”); (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that nothing contained herein shall operate to release, waive, forfeit or reduce any obligations of Stoneville or Bayer arising under the foregoing shall not release Stock Purchase Agreement or the Noteholders from their express obligations under this First Amended Forbearance Agreementtransactions contemplated thereby, including without limitation, the Indenture, the Intercreditor Agreement and the Collateral Ancillary Agreements. In entering into Monsanto specifically understands, acknowledges and agrees that except for the exclusions specifically set forth in this First Amended Forbearance AgreementSection 1 of this Release, this is a full and final release, applying to all of the Company Claims, whether known or unknown, against Releasees. Except for the exclusions specifically set forth in this Section 1 of this Release, this Release is in full accord, satisfaction and discharge of all of the Subsidiaries consulted withClaims against Releasees, and have has been represented by, legal counsel executed with the express intention of effectuating the full and expressly disclaim any reliance on any representations, acts or omissions by any final extinguishment of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any all such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsClaims.

General Release. a. In consideration of, among other things, the NoteholdersAdministrative Agent’s and the Lenders’ execution and delivery of this First Amended Forbearance AgreementAmendment, the Company Borrower and the Subsidiarieseach other Loan Party, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree agrees and covenant covenants not to ▇▇▇ sue or prosecute against the Releasees any Releasee (as defined belowhereinafter defined) and hereby forever waivewaives, release releases and discharge discharges, to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against any or all of the Noteholders Secured Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance Amendment No. 9 Effective Date, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the business, operations, assets, properties, affairs Credit Agreement or any other aspect of the Company Loan Documents or the Subsidiaries; transactions contemplated thereby or any actions or omissions in connection therewith, (ii) any aspect of the dealings or relationships between or among the Company Borrower and the Subsidiariesother Loan Parties, on the one hand, and any or all of the NoteholdersSecured Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof, or (iii) any aspect of the Indenture dealings or relationships between or among any transactions contemplated thereby or all of the Releasors, on the one hand, and any acts or all of the Releasees, on the other hand, but only to the extent such dealings or relationships relate to any or all of the documents, transactions, actions or omissions referenced in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsclause (i) hereof. In entering into this First Amended Forbearance AgreementAmendment, the Company Borrower and the Subsidiaries each other Loan Party consulted with, and have has been represented by, legal counsel and expressly disclaim disclaims any reliance on any representations, acts or omissions by any of the Releasees and the Company hereby agrees and the Subsidiaries hereby agree and acknowledge acknowledges that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofthereof. The provisions of this Section 4 3.5 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement Amendment, the Credit Agreement, the other Loan Documents and payment in full of the Obligations. The Borrower and each other Loan Party hereby agrees that the Releasees shall each be an Indemnitee and entitled to the benefits of Section 11.3 of the Credit Agreement, including, without limitation, with respect to any Claims arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Amendment or any other document executed and/or delivered in connection therewith. b. The Borrower and each other Loan Party, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee, and will not assert in any proceeding any counterclaim or crossclaim against any Releasee, in each case on the basis of any Claim released, remised and discharged by the Borrower or any other Loan Party pursuant to Section 3.5(a) hereof. If the Borrower, any other Loan Party or any of its successors, assigns or other legal representatives violates the foregoing covenant, the Borrower and each other Loan Party, each for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys' fees and costs incurred by any Releasee as a result of such violation. Table of Contents

General Release. In consideration of▇▇▇▇▇▇.▇▇▇, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesInc., on behalf of themselves and their itself, its shareholders, directors, officers, managers, agents, representatives, attorneys, affiliates, consultants, successors and assigns (assigns, collectively, the as “Releasors”), hereby forever agree in consideration of the mutual promises and covenant not to commitments set forth in the Termination Agreement of even date herewith (the “Termination Agreement”) and other good and valuable consideration received from ▇▇▇▇▇▇ III, LLC, receipt of which is hereby acknowledged as adequate and sufficient consideration for this Release, releases ▇▇▇▇▇▇ III, LLC and its shareholders, directors, officers, managers, agents, representatives, attorneys, affiliates, consultants, successors and assigns, collectively, as “Releasees”, from all asserted or prosecute against the Releasees (as defined below) and hereby forever waivepotential, release and discharge to the fullest extent permitted by lawseparate, each Releasee fromjoint, any and all claims (includingindividual claims, without limitationcross-claims, crossclaimsor other claims, counterclaims, rights of set-off and recoupment)rights, actions, causes of action, suits, actions, debts, dues, sums of money, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreementsreckonings, bonds, bills, specialties, covenants, contracts, controversies, variancesagreements, trespassespromises, damages, judgments, executions, costsclaims, expenses and demands whatsoever, anticipated or claims whatsoever (collectivelyuncontemplated, the “Claims”)direct or indirect, that such Releasor now has fixed or hereafter may havecontingent, of whatsoever nature and kind, whether known or unknown, whether in law, admiralty or equity, which against the Releasees, or any of them, the Releasors ever had, now existing have or hereafter arisingcan, whether arising at law shall or in equitymay have, against for, upon, or by reason of any matter, cause or thing whatsoever from the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning beginning of the federal securities law), and their respective successors and assigns and each and all world to the day of the officersdate of execution of this Release, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, but except that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing this Release shall not release the Noteholders from their express and instead shall have no effect on: those obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any rights of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases as set forth herein do not depend in any way on any such representations, acts and/or omissions that certain Termination Agreement or the accuracy, completeness or validity hereofNote (as defined in the Termination Agreement). The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsThis Release may not be changed orally.

General Release. In (a) For and in consideration ofof the Severance Payment and the Stock Options, among other thingsyou hereby agree on behalf of yourself, the Noteholders’ execution your agents, assignees, attorneys, successors, assigns, heirs and delivery of this First Amended Forbearance Agreementexecutors, to, and you do hereby, fully and completely forever release the Company and the Subsidiaries, on behalf of themselves and their successors and assigns (collectively, the “Releasors”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their its affiliates, shareholders predecessors and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the their respective past and/or present officers, directors, employees, agents, representatives, administrators, attorneys, advisors, auditors, consultants insurers and other fiduciaries in their individual and/or representative of each of capacities (hereinafter collectively referred to as the foregoing (collectively, the “"Releasees”"), based from any and all causes of action, suits, agreements, promises, damages, disputes, controversies, contentions, differences, judgments, claims, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, variances, trespasses, extents, executions and demands of any kind whatsoever, which you or your heirs, executors, administrators, successors and assigns ever had, now have or may have against the Releasees or any of them, in whole law, admiralty or in part on facts equity, whether known or not now knownunknown to you, existing on for, upon, or before by reason of, any matter, action, omission, course or thing whatsoever occurring up to the Amended Forbearance Effective Datedate of this Agreement, that relate toincluding, arise out of otherwise are without limitation, in connection with or in relationship to your employment or other service relationship with the Company or its affiliates, the termination of any such employment or service relationship and any applicable employment, compensatory or equity arrangement with the Company or its respective affiliates; provided that such released claims shall not include any claims to enforce your rights under, or with respect to, this Agreement (such released claims are collectively referred to herein as the "Released Claims"). (b) Notwithstanding the generality of clause (a) above, the Released Claims include, without limitation, (i) any aspect and all claims under Title_VII of the businessCivil Rights Act of 1964, operationsthe Age Discrimination in Employment Act of 1967, assetsthe Civil Rights Act of 1971, propertiesthe Civil Rights Act of 1991, affairs the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993, and any and all other federal, state or any other aspect of the Company local laws, statutes, rules and regulations pertaining to employment or the Subsidiaries; otherwise, and (ii) any aspect claims for wrongful discharge, breach of contract, fraud, misrepresentation or any compensation claims, or any other claims under any statute, rule or regulation or under the dealings common law, including compensatory damages, punitive damages, attorney's fees, costs, expenses and all claims for any other type of damage or relationships between or among relief. (c) THIS MEANS THAT, BY SIGNING THIS AGREEMENT, YOU WILL HAVE WAIVED ANY RIGHT YOU MAY HAVE HAD TO BRING A LAWSUIT OR MAKE ANY CLAIM AGAINST THE RELEASEES BASED ON ANY ACTS OR OMISSIONS OF THE RELEASEES UP TO THE DATE OF THIS AGREEMENT. (d) You represent that you have read carefully and fully understand the Company and the Subsidiaries, on the one handterms of this Agreement, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, you have been advised to consult with an attorney and have been represented by, legal counsel had the opportunity to consult with an attorney prior to signing this Agreement. You acknowledge that you are executing this Agreement voluntarily and expressly disclaim any reliance knowingly and that you have not relied on any representations, acts promises or omissions by agreements of any kind made to you in connection with your decision to accept the terms of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases this Agreement, other than those set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsAgreement.

General Release. In consideration of, among other things, the Noteholders’ execution and delivery of Except for any rights granted under this First Amended Forbearance Agreement, the Company and the Subsidiariesby signing this Agreement, on behalf of themselves and their successors and assigns (collectively, the “Releasors”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive▇▇▇, release and discharge for himself, and, to the fullest extent permitted by law, each Releasee fromfor ▇▇▇▇▇’▇ heirs, any assigns, executors and all claims (includingadministrators, without limitationhereby releases, crossclaimsremises and forever discharges the Company, counterclaimsits parents, rights of set-off and recoupment)subsidiaries, actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)divisions, predecessors, successors, assigns, and each of their respective successors and assigns and each and all of the members, managers, directors, officers, directorspartners, attorneys, shareholders, administrators, employees, agents, representatives, employment benefit plans, plan administrators, fiduciaries, trustees, insurers and re-insurers, and investors, and all of their predecessors, successors and assigns, and each of their respective members, managers, directors, officers, partners, attorneys, advisorsshareholders, auditorsadministrators, consultants employees, agents, representatives, employment benefit plans, plan administrators, fiduciaries, trustees, insurers and other representative of each of the foregoing re-insurers, investors (collectively, the “Releasees”)) of and from all claims, based causes of action, covenants, contracts, agreements, promises, damages, disputes, demands, and all other manner of actions whatsoever, in whole law or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Dateequity, that relate to▇▇▇▇▇ ever had, arise out may have had, now has, or that ▇▇▇▇▇’▇ heirs, assigns, executors or administrators hereinafter can, shall or may have, whether known or unknown, asserted or unasserted, suspected or unsuspected, as a result of otherwise are in connection or related to ▇▇▇▇▇’▇ employment with (i) any aspect of the businessCompany, operationsincluding vacation pay, assetsprofit sharing plans, properties, affairs retirement plans or any other aspect benefit plans of any type or nature other than as preserved hereby, the Company termination of ▇▇▇▇▇’▇ employment, or under any contract relating to ▇▇▇▇▇’▇ employment, including the Subsidiaries; (ii) any aspect of the dealings or relationships Amended and Restated Employment Agreement entered into between or among the Company and ▇▇▇▇▇, dated August 3, 2016 (the Subsidiaries, on the one hand, and the Noteholders, on the other hand“Employment Agreement”), or any act or omission which has occurred at any time up to and including the date of the execution of this Agreement (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreementcollectively, the Indenture, the Intercreditor Agreement and the Collateral Agreements“Released Claims”). In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations.​

General Release. In On and as of the Third Amendment Effective Date and in consideration of, among other thingsof the agreements set forth herein, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesCompany, on behalf of themselves itself and their its successors and assigns assigns, does hereby agree as follows (collectively, the “ReleasorsGeneral Release”)): (a) Each such Person does hereby release, hereby acquit and forever agree discharge Agent and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) each Lender, all of Agent’s and hereby forever waiveeach Lender’s predecessors-in-interest, release and discharge to the fullest extent permitted by lawall of Agent’s and each Lender’s past and present officers, each Releasee fromdirectors, managers, members, attorneys, affiliates, employees and agents, of and from any and all claims (includingclaims, without limitationdemands, crossclaimsobligations, counterclaimsliabilities, rights indebtedness, breaches of set-off and recoupment)contract, actionsbreaches of duty or of any relationship, acts, omissions, misfeasance, malfeasance, causes of action, suitsdefenses, offsets, debts, sums of money, accounts, interestscompensation, lienscontracts, controversies, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses losses and expenses, of every type, kind, nature, description or claims whatsoever character, whether known or unknown, suspected or unsuspected, liquidated or unliquidated (each of the foregoing, a “Claim” and collectively, the “Claims”), each as though fully set forth herein at length, that such Releasor the Company, any guarantor or any of their respective successors or assigns now has or hereafter may have, have as of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders Third Amendment Effective Date in any capacity and their affiliatesway arising out of, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and connected with or related to any or all of the officerstransactions contemplated by the Loan Documents (including this Third Amendment) or any of them or any provision or failure to provide credit or other accommodations to the Company or any other Person under the Loan Documents (including this Third Amendment) or any of them or any other agreement, directorsdocument or instrument referred to, employeesor otherwise related to, agents, attorneys, advisors, auditors, consultants and other representative of each any or all of the foregoing Loan Documents (including this Third Amendment) or any of them (each, a “Released Claim” and, collectively, the “ReleaseesReleased Claims”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations.

General Release. In consideration of, among other things, the Noteholders’ execution and delivery of Except for any rights granted under (i) this First Amended Forbearance Agreement, (ii) that certain Nonstatutory Stock Option Agreement by and between the Company and the SubsidiariesEmployee dated December 3, on behalf of themselves and their successors and assigns 2018 (collectively, the “ReleasorsOption Agreement”) and (iii) that certain Indemnification Agreement by and between the Company and Employee dated December 3, 2018 (the “Indemnification Agreement”), each time Employee executes this Agreement, Employee, for himself, and for Employee’s heirs, assigns, executors and administrators, hereby releases, remises and forever agree and covenant not to ▇▇▇ or prosecute against discharges the Releasees (as defined below) and hereby forever waiveCompany, release and discharge to the fullest extent permitted by lawits parents, each Releasee fromsubsidiaries, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)divisions, predecessors, successors, assigns, and each of their respective successors and assigns and each and all of the members, managers, directors, officers, directorspartners, attorneys, shareholders, administrators, employees, agents, representatives, employment benefit plans, plan administrators, fiduciaries, trustees, insurers and re-insurers, and investors, and all of their predecessors, successors and assigns, and each of their respective members, managers, directors, officers, partners, attorneys, advisorsshareholders, auditorsadministrators, consultants employees, agents, representatives, employment benefit plans, plan administrators, fiduciaries, trustees, insurers and other representative of each of the foregoing re-insurers, investors (collectively, the “Releasees”)) of and from all claims, based causes of action, covenants, contracts, agreements, promises, damages, disputes, demands, and all other manner of actions whatsoever, in whole law or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Dateequity, that relate toEmployee ever had, arise out of otherwise are in connection with (i) any aspect of the businessmay have had, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other handnow has, or (iii) that Employee’s heirs, assigns, executors or administrators hereinafter can, shall or may have, whether known or unknown, asserted or unasserted, suspected or unsuspected, as a result of or related to Employee’s employment with the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewithCompany, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance that employment, or under any contract, including but not limited to Employee’s Letter Agreement dated December 3, 2018 (“Letter Agreement”), or any act or omission which has occurred at any time up to and payment in full including the date of the Obligationsexecution of this Release (collectively, the “Released Claims”).

General Release. In For and in consideration ofof the benefit received by the undersigned partner (the "Investor") of Elderly Living IX, among other thingsLimited Partnership, a Nevada limited partnership ("Holding Co."), by virtue of that certain Purchase Agreement between Holding Co. and Alterra Healthcare Corporation ("Alterra") dated as of December 27, 2002 (the "Purchase Agreement"), the Noteholders’ execution receipt and delivery sufficiency of this First Amended Forbearance Agreementall such consideration being hereby acknowledged, and as a material inducement to Alterra to enter into the Company Purchase Agreement and expressly excluding any claim arising out of or under the Subsidiaries, on behalf of themselves and their successors and assigns (collectively, Purchase Agreement or the “Releasors”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees Note (as defined below) therein), the Investor, together with its, his or her respective successors, transferees, assigns, subsidiaries, beneficiaries, agents, employees and hereby representatives (such persons, the "EL Related Parties"), individually and collectively, irrevocably and unconditionally release, acquit, and forever waivedischarge Alterra, release together with each of its past or present predecessors, successors, assigns, agents, officers, directors, partners, employees, representatives, attorneys, associates, owners, stockholders, divisions, subsidiaries and discharge to affiliates (and agents, officers, directors, partners, employees, representatives, attorneys, associates, owners, and stockholders of such divisions, subsidiaries and affiliates), insurance carriers, bonding companies, and all persons acting by, through, under or in concert with them or any of them (such persons, the fullest extent permitted by law"Alterra Related Parties"), each Releasee from, from any and all claims (includingmanner of charges, without limitationcomplaints, crossclaimsclaims, counterclaimsliabilities, rights of set-off and recoupment)obligations, promises, agreements, contracts, debts, liens, controversies, damages, actions, causes of action, suits, debtsaffirmative defenses, accountsoffsets, interestsappeals, lienspetitions, promises, warranties, damages and consequential and punitive damagesrights, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, losses, claims for restitution, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether legal, equitable or claims whatsoever ethical, fixed or contingent, known or unknown (collectively, the “"Claims”"), that such Releasor now has which the Investor or hereafter may the EL Related Parties has, owns, or holds, or claims to have, of whatsoever nature and kindown, whether known or unknownhold, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in which any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)Investor or the EL Related Parties at any time heretofore had, owned, or held, or claimed to have had, owned, or held, including, without limitation, any claims arising out of or related to any dealings prior to and their respective successors and assigns and each and all through the date hereof between any of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectivelyHolding Co., the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company Investor and the SubsidiariesEL Related Parties, on the one hand, and Alterra and the NoteholdersAlterra Related Parties, on the other hand, the validity of any and all such Claims being denied by Alterra. The Investor hereby represents and warrants to Alterra that it, he or (iii) the Indenture she has not made any assignment or other transfer of any transactions contemplated thereby interest in any Claim released by it, him or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations her under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral AgreementsGeneral Release. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations.________________________________________

General Release. a. In consideration ofof the Separation Benefits set forth in Section 3 above, among other thingsyou on behalf of yourself and your heirs, the Noteholders’ execution any spouse, executor, assigns, administrators, representatives, and delivery of this First Amended Forbearance Agreementagents, hereby release and forever discharge the Company and the Subsidiarieseach of its respective past, on behalf present and future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, subsidiaries, parent companies, affiliates, related entities, assigns, predecessors and successors in interest, as well as each of themselves their past, present and their future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, subsidiaries, parent companies, affiliates, related entities, assigns, predecessors and successors in interest, jointly and assigns severally, (collectively, referred to collectively hereafter as the “ReleasorsReleasees”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingliabilities, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actionsclaims, causes of action, suitscharges, debtscomplaints, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsobligations, costs, expenses or claims whatsoever (collectivelylosses, the “Claims”)damages, that such Releasor now has or hereafter may haveinjuries, penalties, interest, attorneys’ fees, and other legal responsibilities, of whatsoever nature and kindany form whatsoever, whether known or unknown, whether now existing unforeseen, unanticipated, unsuspected or latent (referred to collectively hereafter arising, whether arising at law as a “Claim” or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “ReleaseesClaims”), based in whole of whatever kind and nature, whether now known or in part on facts whether unknown, which you have at any time owned or not now knownheld up to and including the date you sign this Agreement including, existing on and without limiting the generality of the foregoing, any and all Claims arising out of, connected with, or before relating to: (a) your employment or termination of employment with the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with Company; (ib) any aspect of the business, operations, assets, properties, affairs act or any other aspect of the Company omission by or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by part of any of the Releasees occurring from the beginning of time up through and including your execution of this Agreement; (c) any Claim for violation of any federal, state or local law or regulation prohibiting discrimination, failure to prevent discrimination, harassment or retaliation of any kind; (d) Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990, as amended; the Genetic Information and Discrimination Act; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended by the Older Workers’ Benefit Protection Act of 1990 (“OWBPA”); the National Labor Relations Act, as amended; the Labor-Management Relations Act, as amended; the Family and Medical Leave Act; the Employee Retirement Income Security Act; the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Fair Pay Act; the Pregnancy Discrimination Act; the Occupational Safety and Health Act; the Federal Worker Adjustment and Retraining Notification Act; the Fair Labor Standards Act (including the Equal Pay Act) or the Consolidated Omnibus Budget Reconciliation Act (COBRA), as amended; the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002; the California Worker Adjustment and Retraining Notification Act; the California Business & Professions Code; the California Family Rights Act; the California Labor Code; the California Industrial Welfare Commission Wage Orders; the California Fair Employment and Housing Act; the Minnesota Equal Pay for Equal Work Law; the Minnesota Whistleblower Act; the Minnesota Whistleblower Protection Laws; the Minnesota Parental Leave Act; all releasable allowed under Minnesota Statute Chapter 181; the California, Minnesota, and United States Constitutions; and any local ordinance or federal or state statute, regulation or constitution; and (e) any Claim for attorneys' fees, penalties, interest, costs or expenses. If any claim is not subject to release, to the extent permitted by law, you waive any right or ability to be a class or collective action representative or to otherwise participate or recover any damages, injunctive, declaratory, monetary, or other relief, in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which the Company or any of the other Released Parties is a party. You represent that you are not an “aggrieved employee” for any purpose including under the California Private Attorneys’ General Act (“PAGA”), and therefore the Subsidiaries hereby agree Company is not liable for any penalties pursuant to PAGA for any conduct arising during or out of your employment with the Company. b. The General Release in Section 5(a) of this Agreement is intended to be a full and final release covering all suspected, unknown, undisclosed and unanticipated Claims which may have arisen, or may arise, from any act or omission prior to the date that you sign this Agreement, and which arise out of or are related, directly or indirectly, to the dealings between the Parties to this Agreement, or any matters described above. If you later discover facts different from or in addition to those facts you currently know or believe to be true, this Agreement, the waivers and releases will nevertheless remain effective in all respects. You and on behalf of anyone or any entity claiming through you, waive any and all rights or benefits which you may now have, or in the future may have, under the terms of Cal. Civ. Code § 1542 which provides as follows: Notwithstanding the provisions of § 1542, and for the purpose of implementing a full and complete release and discharge, you expressly acknowledge that the validity (i) this Agreement is intended to and effectiveness does include in its effect, without limitation, all Claims you do not know or suspect to exist in your favor against any of the releases set forth herein do not depend in any way on any Releasees, up to and including the date you sign this Agreement, and (ii) this Agreement expressly contemplates the extinguishment of such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsClaims.

General Release. In consideration ofof the amendments, among waivers, consents, and the other things, the Noteholders’ execution terms and delivery provisions of this First Amended Forbearance Agreement, the Company Agreement and the Subsidiariesother Sixth Global Agreement Documents, each Borrower, on behalf of themselves itself, its agents, successors, assigns, subsidiaries, partners and their successors Affiliates hereby fully release and assigns forever discharge Lender and Lender's agents, consultants, heirs, successors, assigns, Affiliates, directors, officers, employees, shareholders, executives, servants, attorneys, accountants, representatives and other related persons (collectively, the “Releasors”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below"RELEASED PARTIES") and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingrights, without limitationclaims, crossclaims, counterclaims, rights of set-off and recoupment)demands, actions, causes of action, costs, losses, suits, liens, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsexecutions and demands of every nature, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature kind and kinddescription whatsoever, whether now known or unknown, whether now existing either at law, in equity or hereafter arisingotherwise, whether which Cadiz, in its own capacity and as successor by merger to CVDC, or any of their agents, successors, assigns, subsidiaries, partners and/or Affiliates ever had or may have against Lender or the other Released Parties, including, without limitation, all claims arising at law under or in equityconnection with the Cadiz Loan, against CVDC Loan, Reimbursement Agreement, 1995 Loan, the Noteholders Security Documents, the Guarantee, and/or the other Credit Documents and/or in connection with the dealings between the parties up to and including the closing of the transactions contemplated in this Agreement and all claims which have arisen or may arise in any capacity and their affiliates, shareholders and “controlling persons” (within other way whatsoever; provided that nothing herein shall be deemed to release Lender or any other Released Party from any liability or obligations arising in connection with facts or circumstances which occur or arise for the meaning first time after the Effective Date of the federal securities law)transaction contemplated by this Agreement. It is further understood and agreed that the foregoing general release extends to all claims of every kind and nature whatsoever, known, suspected or unsuspected, liquidated or contingent, foreseen or unforeseen, and Cadiz, on behalf of itself and as successor by merger to CVDC, and their respective successors agents, successors, assigns, subsidiaries, partners and assigns and each and Affiliates hereby waive all rights under Section 1542 of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each California Civil Code. Section 1542 of the foregoing (collectivelyCalifornia Civil Code provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsWHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR."

General Release. In a. By signing this Release, in consideration offor the sums of money and benefits Employee shall receive under this Release, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesEmployee, on behalf of themselves and their his heirs, representatives, administrators, executors, successors and assigns (collectively, the “Releasors”)assigns, hereby irrevocably and unconditionally releases, acquits, and forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge discharges to the fullest extent permitted by law, the Company and each Releasee fromof its present and former divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, including but not limited to DIMON Incorporated and Standard Commercial Corporation and together with all present and former benefit plans or policies, plan administrators, agents, directors, officers, employees, owners, representatives and attorneys of all such entities or persons and all persons acting by, through, under or in concert with any of them (collectively referred to as the "Released Parties"), from any and all claims (includingcharges, without limitationcomplaints, crossclaimsclaims, counterclaimsliabilities, rights of set-off and recoupment)obligations, promises, agreements, controversies, damages, actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damagesrights, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, losses, debts and expenses or claims whatsoever (collectively, the “Claims”including attorney's fees and costs actually incurred), that such Releasor now has or hereafter may haveof any nature whatsoever, of whatsoever nature and kind, whether known or unknown, whether which Employee now existing has, has had, or may hereafter arising, whether arising at law claim to have had against each or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)Released Parties resulting from or arising out of any matter, act, omission, cause or event whatever that has previously occurred; except that Employee does not waive or release rights to compensation and their respective successors benefits described in Section 2 of this Release, rights to compensation and assigns benefits reserved under Section 3 of this Release, or rights to benefits or payments for claims incurred while a participant in the Company’s group health or dental plans. Employee understands that by signing this Release and each accepting the sums of money and all benefits described in this Release, Employee is waiving any right to pursue any claim against any of the officersReleased Parties for payments or benefits other than those expressly reserved in this Release, directorsor for back pay, employeesseverance pay, agentsliquidated damages, attorneyscompensatory damages, advisorspunitive damages, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect losses or other damages to Employee or Employee’s property resulting from any claimed violation of local, state or federal law, including, for example (but not limited to), claims arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, as amended, the Americans With Disabilities Act, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, the Retaliatory Employment Discrimination Act, the Employee Retirement Income Security Act of 1974, as amended, and claims under any other federal, state or local law pertaining to Employee’s employment. This Release does not, however, waive rights or claims that may arise after the date Employee signs it. b. Employee acknowledges that this release applies both to known and unknown claims that may exist between Employee and the Released Parties. Employee expressly waives and relinquishes all rights and benefits which Employee may have under any state or federal statute or common law principle that would otherwise limit the effect of this Release to claims known or suspected prior to the date Employee signs this Release, and does so understanding and acknowledging the significance and consequences of such specific waiver. Employee acknowledges that the benefits provided by the Company under Section 2 of this Release are discretionary in nature and not required of the Company in the absence of this Release and Employee’s release of claims herein, and constitute adequate consideration for the release. c. Employee agrees that he will not seek or the Subsidiaries; (ii) apply for re-employment with any aspect of the dealings Released Parties and Employee waives any right to re-employment or relationships between reinstatement with the Company or among any other Released Party. Employee acknowledges that it is the general policy of the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall its subsidiaries not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering to re-employ individuals with whom it has entered into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions separation agreements of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationsnature.

General Release. In consideration of, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiaries(a) You, on behalf of themselves yourself and their your family, agents, representatives, heirs, executors, trustees, administrators, attorneys, successors and assigns (collectively, the “Releasors”), hereby forever agree irrevocably and unconditionally release, settle, cancel, acquit, discharge and acknowledge to be fully satisfied, and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) Company and hereby forever waiveeach of its respective past and/or present parents, release and discharge to the fullest extent permitted by lawsubsidiaries, each Releasee fromdivisions, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders related companies, successors and “controlling persons” (within the meaning of the federal securities law)assigns, and each of their respective successors predecessors, and assigns and each and all of the officerspast and/or present stockholders, partners, members, directors, managers, officers, employees, agents, attorneysattorneys or other representatives, advisors, auditors, consultants and other representative of each employee benefit plans of the foregoing Company or its affiliates, including, but not limited to, trustees and administrators of these plans, in each case, in their individual and/or representative capacities (collectively, the “Releasees”)) from any and all claims, based contractual or otherwise, demands, costs, rights, causes of action, charges, debts, liens, promises, obligations, complaints, losses, damages and all liability of whatever kind and nature, whether known or unknown, and hereby waive any and all rights that he, she or it may have, from the beginning of time up to and including the time of signing this Release Agreement, or that otherwise may exist or may arise in whole respect of your engagement or employment, or separation from engagement or employment with the Company, or is in part on facts whether any way connected with or related to any applicable compensatory or benefit plan, program, policy or arrangement, including, but not now known, existing on or before the Amended Forbearance Effective Date, that relate limited to, arise out any claims arising under any United States federal, state or local laws or any applicable laws of otherwise are in connection with (i) any aspect other country, including, but not limited to, any and all claims under Title VII of the businessCivil Rights Act of 1964, operationsas amended, assetsthe Civil Rights Act of 1991, propertiesas amended, affairs the Age Discrimination in Employment Act of 1967, as amended, the Older Workers Benefit Protection Act of 1990, the Equal Pay Act, the Americans with Disabilities Act of 1990, as amended, the Family and Medical Leave Act of 1993, the Employee Retirement Income Security Act of 1974, as amended, the Fair Labor Standards Act, the New Jersey Law Against Discrimination, as amended, the New Jersey Conscientious Employee Protection Act, as amended, [the New York State Human Rights Law, the New York City Human Rights Laws, the New York Labor Law, the New York Aids Testing Confidentiality Act, the New York Equal Pay Law, the New York Persons With Disabilities Law, the Civil Rights Law, the New York Genetic Testing Confidentiality Law, the New York Nondiscrimination Against Genetic Disorders Law, the New York Smokers Rights Law, the New York Equal Rights Law, the New York Discrimination by Employment Agencies Law, the New York Bone Marrow Leave Law, the New York Adoptive Parents Child Care Leave Law, the New York Cancer Victim Bias Law, Article 1, Section 11 of the New York State Constitution, N.Y. Workers’ Compensation Law,] and any and all other United States federal, state or local regulations, ordinances or public policies, any common law or equity claims and any applicable laws of any other aspect of the Company country, or the Subsidiaries; (ii) claims under any aspect of the dealings policy, agreement, understanding or relationships promise, written or oral, formal or informal, between or among the Company and any of its affiliates and yourself, now or hereafter recognized. The Releasors release any and all rights to be indemnified by the SubsidiariesReleasees under statute, on the one handcommon law, or Company policy, and any and all claims for wrongful discharge, slander and defamation, intentional tort, invasion of privacy, breach of contract, implied or otherwise, as well as all claims for counsel fees and costs. This release includes both claims that are known and those that are unknown. You represent that as of the Noteholdersdate of your execution of this Release Agreement, on the other handyou have incurred no disability or injury in relation to or as a result of your employment or engagement and assert no claim for any form of compensation for such disability, injury or job-related condition. This release shall not include any claims to enforce your rights under, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreementwith respect to, the Indentureseverance payments to be provided under your employment agreement with the Company. (b) You warrant that you have not filed any complaint, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts charge or omissions by claim for relief against any of the Releasees with any local, state or federal court or administrative agency. The Releasors agree not to bring any action, suit or proceeding whatsoever (including the initiation of governmental proceedings or investigations of any type) against any of the Releasees hereto for any matter or circumstance concerning which the Releasors have released the Releasees under this Release Agreement. Further, the Releasors agree not to encourage any other person or suggest to any other person that he, she or it institute any legal action against the Releasees. Notwithstanding the foregoing, this Release Agreement is not intended to interfere with your right to file a charge with, or participate in or cooperate with any investigation or administrative proceeding conducted by, the Equal Employment Opportunity Commission, the New Jersey Division on Civil Rights, [the New York State Division of Human Rights, the New York City Commission on Human Rights,] or any other local, state or federal administrative agency. The Releasors hereby agree to waive the right to any relief (monetary or otherwise) in any action, suit or proceeding you may bring in violation of this Release Agreement, including any proceeding before the Equal Employment Opportunity Commission or any other similar body or in any proceeding brought by the Equal Employment Opportunity Commission or any other similar body on your behalf. Nothing in this Release Agreement prohibits or restricts you (or your attorney) from initiating communications directly with, responding to an inquiry from, or providing testimony before the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), any other self-regulatory organization or any other federal or state regulatory authority regarding this Release Agreement or its underlying facts or circumstances or a possible securities law violation. This Release Agreement does not limit your right to receive an award for information provided to the SEC or FINRA. If you breach your obligations set forth in this Paragraph, you will pay for all costs incurred by the Releasees, including their reasonable attorneys’ fees, in defending against your claims. You shall also repay to the Company and the Subsidiaries hereby agree and acknowledge that entire amount of the severance payments you received under your employment agreement with the Company. This Paragraph does not apply to a claim under the Older Workers’ Benefit Protection Act (OWBPA) challenging the validity and effectiveness of the releases set forth herein do not depend release of ADEA claims in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsParagraph 1(a).

General Release. In consideration of, among other thingsEffective for all purposes as of the Effective Time, the Noteholders’ execution Holder acknowledges and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiariesagrees, on behalf of themselves himself, herself or itself and their successors and assigns (collectivelyeach of the Holder’s current or former affiliates, the “Releasors”)officers, hereby forever agree and covenant not to ▇▇▇ directors, employees, managers, partners, principals, advisors, agents, stockholders, members, investors, equity holders or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims other representatives (including, without limitation, crossclaimsattorneys, counterclaimsaccountants, rights of set-off consultants, bankers and recoupmentfinancial advisors), actionsfamily members, causes of actionheirs, suitsbeneficiaries, debtsestates, accountsexecutors, interestsadministrators, lienstrustees, promisessuccessors or assigns, warrantiesin each case solely in their capacity as such (each, damages a “Releasor”) that: (a) Releasor (i) has no Claims (as defined below), (ii) has not transferred or assigned, or purported to transfer or assign, any Claims, and consequential and punitive damages(iii) shall not transfer or assign, demandsor purport to transfer or assign, agreementsany Claims, bondsin each case, billsrelating to the Company against the Surviving Corporation, specialtiesParent, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectivelyMerger Sub, the “Claims”)Company, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known their respective current or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their former affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)subsidiaries, and their respective successors and assigns and each and all of the subdivisions, officers, directors, employees, managers, partners, principals, advisors, agents, stockholders, members, investors, equity holders or other representatives (including, without limitation, attorneys, accountants, consultants, bankers and financial advisors), auditorssuccessors, consultants and other representative of predecessors or assigns, in each of the foregoing case solely in their capacity as such (collectively, the “Releasees”); (b) Releasor hereby irrevocably and unconditionally releases the Releasees from any and all charges, based in whole complaints, claims, liabilities, obligations, promises, agreements, controversies, damages or in part on facts whether causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs incurred) of any nature whatsoever, known or not now knownunknown, suspected or unsuspected, existing on or before the Amended Forbearance Effective Dateprospective, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of relating to the Company or the Subsidiaries(collectively, “Claims”); (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing release shall not release cover Claims of any Releasor relating to (1) any entitlement to salary or cash bonuses or any rights under any Company Benefit Plans earned or accrued by or for the Noteholders from their express obligations benefit of the Releasor prior to the Closing in respect of services performed by the Releasor as an employee, consultant, advisor or director of the Company, and any reimbursable expenses to the extent not paid by the Company prior to the Closing, (2) workers’ compensation benefits, (3) unemployment benefits, (4) any rights and claims under this First Amended Forbearance the Merger Agreement, the IndentureNote or the Earn Out Agreement, including without limitation to the Intercreditor Agreement receipt of any portion of the Merger Consideration (including the Note) with respect to Company Capital Stock beneficially owned the Releasor, in each case on and subject to the Collateral Agreements. In entering into this First Amended Forbearance terms and conditions of the Merger Agreement, the Note or the Earn Out Agreement, (5) any rights to exculpation or indemnification the current or former directors, officers, employees or agents of the Company may have under applicable Legal Requirements or pursuant to the Merger Agreement, any indemnification agreements with the Company, the Company Organizational Documents or to the proceeds of any insurance policy maintained by or on behalf of the Company, (6) rights under any other Contracts other than (x) the Terminated Contracts and (y) Contracts evidencing or otherwise relating to Company Securities (other than the right to receive payment in respect thereof under the terms and conditions of the Merger Agreement, the Note and the Subsidiaries consulted withEarn Out Agreement), or (7) any claim which may not be waived as a matter of law, including, but not limited to, the Releasor’s right to file a charge with or participate in a charge by any local, state, or federal administrative body or government agency that is authorized to enforce or administer laws related to employment, against any Releasee. (c) Releasor acknowledges and agrees that neither Releasor nor Releasor’s affiliates shall have been represented byany right of contribution, legal counsel and expressly disclaim indemnification or right of advancement from the Company, the Surviving Corporation or Parent with respect to any reliance on any representations, acts or omissions Losses claimed by any of the Releasees Indemnified Parties against such Releasor or any affiliate thereof in their capacities as Indemnifying Parties under the Merger Agreement. (d) Releasor hereby waives and agrees not to assert any and all appraisal or dissenters rights under the General Corporation Law of the State of Delaware or any other applicable Legal Requirements. (e) Releasor represents and warrants that he, she or it has read this release and understands its terms and has been given an opportunity to ask questions of the representatives of the Company. (f) Releasor represents and warrants that in signing this Agreement he, she or it does not rely, and has not relied, on any representation or statement not set forth in this release made by any representative of the Company and or anyone else with regard to the Subsidiaries hereby agree and acknowledge subject matter, basis or effect of this Agreement or otherwise. (g) Releasor acknowledges that the validity and effectiveness he, she or it is familiar with Section 1542 of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration Civil Code of the Forbearance Period and the termination State of this First Amended Forbearance Agreement and payment in full of the Obligations.California (“Section 1542”), which provides as follows:

General Release. In consideration of, among other things, the NoteholdersLenders’ execution and delivery of this First Amended Forbearance Agreement, each of the Company Borrowers and the Subsidiariesother Loan Parties, on behalf of themselves and their agents, representatives, officers, directors, advisors, employees, Subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree agrees and covenant covenants not to ▇s▇▇ or prosecute against the Releasees any Releasee (as defined belowhereinafter defined) and hereby forever waivewaives, release releases and discharge discharges, to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders Administrative Agent, any Lender, any Issuing Bank and any other Secured Party (the “Lender Parties”) in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), in each case, based in whole or in part on facts facts, whether or not now known, existing on or which occurred before the Amended Forbearance Effective Datedate hereof, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the businessLoan Documents or transactions contemplated thereby, operations, assets, properties, affairs or any other aspect of actions or omissions in connection therewith, in each case prior to the Company or the Subsidiaries; date hereof, and (ii) any aspect of the dealings or relationships between or among the Company Borrowers and the Subsidiariesother Loan Parties, on the one hand, and any or all of the NoteholdersLender Parties, on the other hand, relating to any or (iii) all of the Indenture or any transactions contemplated thereby or any acts documents, transactions, actions or omissions referenced in connection therewithclause (i) hereof, providedin each case, however, that prior to the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate hereof. In entering into this First Amended Forbearance Agreement, the Company Borrowers and the Subsidiaries each other Loan Party consulted with, and have has been represented by, legal counsel and expressly disclaim disclaims any reliance on any representations, acts or omissions by any of the Releasees and the Company hereby agrees and the Subsidiaries hereby agree and acknowledge acknowledges that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. For the avoidance of doubt, nothing in this Section 16 shall be construed to release any claim, action or cause of action which any Releasor may have arising out of this Agreement or the transactions contemplated hereby or with respect to any actions or events occurring on or after the date hereof. The provisions of this Section 4 16 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement Agreement, the Credit Agreement, the other Loan Documents and payment in full of the Obligations.

General Release. a. In consideration ofof the Separation Benefits set forth in Section 3 above, among other thingsyou on behalf of yourself and your heirs, the Noteholders’ execution spouse, executor, assigns, administrators, representatives, and delivery of this First Amended Forbearance Agreementagents, hereby release and forever discharge the Company and each of its respective past, present and future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, subsidiaries, parent companies, affiliates, related entities, assigns, predecessors and successors in interest, as well as each of their past, present and future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, subsidiaries, parent companies, affiliates, related entities, assigns, predecessors and successors in interest, jointly and severally, (referred to collectively hereafter as the Subsidiaries, on behalf of themselves and their successors and assigns (collectively, the ”Releasees“Releasors”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingliabilities, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actionsclaims, causes of action, suitscharges, debtscomplaints, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsobligations, costs, expenses or claims whatsoever (collectivelylosses, the “Claims”)damages, that such Releasor now has or hereafter may haveinjuries, penalties, interest, attorneys’ fees, and other legal responsibilities, of whatsoever nature and kindany form whatsoever, whether known or unknown, whether now existing unforeseen, unanticipated, unsuspected or latent (referred to collectively hereafter arising, whether arising at law as a “Claim” or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “ReleaseesClaims”), based in whole of whatever kind and nature, whether now known or in part on facts whether unknown, which you have at any time owned or not now knownheld up to and including the date you sign this Agreement including, existing on and without limiting the generality of the foregoing, any and all Claims arising out of, connected with, or before relating to: (a) your employment or termination of employment with the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with Company; (ib) any aspect of the business, operations, assets, properties, affairs act or any other aspect of the Company omission by or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by part of any of the Releasees occurring from the beginning of time up through and including your execution of this Agreement; (c) any Claim for violation of any federal, state or local law or regulation prohibiting discrimination, failure to prevent discrimination, harassment or retaliation of any kind; (d) Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990, as amended; the Genetic Information and Discrimination Act; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended by the Older Workers’ Benefit Protection Act of 1990 (“OWBPA”); the Rehabilitation Act of 1973, as amended; the National Labor Relations Act, as amended; the Labor-Management Relations Act, as amended; the Family and Medical Leave Act; the Employee Retirement Income Security Act; the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Fair Pay Act; the Pregnancy Discrimination Act; the Occupational Safety and Health Act; the Federal Worker Adjustment and Retraining Notification Act; the Fair Labor Standards Act (including the Equal Pay Act) or the Consolidated Omnibus Budget Reconciliation Act (COBRA), as amended; the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002; the California Worker Adjustment and Retraining Notification Act; the California Business & Professions Code; the California Family Rights Act; the California Labor Code; the California Industrial Welfare Commission Wage Orders; the California Fair Employment and Housing Act; the California and United States Constitutions; and any local ordinance or federal or state statute, regulation or constitution; and (e) any Claim for attorneys' fees, penalties, interest, costs or expenses. If any claim is not subject to release, to the extent permitted by law, you waive any right or ability to be a class or collective action representative or to otherwise participate or recover any damages, injunctive, declaratory, monetary, or other relief, in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which the Company or any of the other Released Parties is a party. You represent that you are not an “aggrieved employee” for any purpose including under the California Private Attorneys’ General Act (“PAGA”), and therefore the Subsidiaries hereby agree and Company is not liable for any penalties pursuant to PAGA for any conduct arising during or out of your employment with the Company. You acknowledge that you have been advised, as required by California Government Code Section 12964.5(b)(4), that you have the validity right to consult an attorney regarding this Agreement and effectiveness that you were given a reasonable time period of not less than five (5) business days in which to do so. You further acknowledge and agree that, in the event you sign this Agreement prior to the end of the releases set forth herein do reasonable time period provided by the Company, your decision to accept such shortening of time is knowing and voluntary and is not depend in any way on any such representationsinduced by the Company through fraud, acts and/or omissions misrepresentation, or a threat to withdraw or alter the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive offer prior to the expiration of the Forbearance Period and reasonable time period, or by providing different terms to employees who sign such an agreement prior to the termination expiration of the time period. b. The General Release in Section 5(a) of this First Amended Forbearance Agreement is intended to be a full and payment final release covering all suspected, unknown, undisclosed and unanticipated Claims which may have arisen, or may arise, from any act or omission prior to the date that you sign this Agreement, and which arise out of or are related, directly or indirectly, to the dealings between the Parties to this Agreement, or any matters described above. If you later discover facts different from or in addition to those facts you currently know or believe to be true, this Agreement, the waivers and releases will nevertheless remain effective in all respects. You and on behalf of anyone or any entity claiming through you, waive any and all rights or benefits which you may now have, or in the future may have, under the terms of Cal. Civ. Code § 1542 which provides as follows: Notwithstanding the provisions of § 1542, and for the purpose of implementing a full and complete release and discharge, you expressly acknowledge that (i) this Agreement is intended to and does include in its effect, without limitation, all Claims you do not know or suspect to exist in your favor against any of the ObligationsReleasees, up to and including the date you sign this Agreement, and (ii) this Agreement expressly contemplates the extinguishment of such Claims.

General Release. a. In consideration of, among other things, the NoteholdersAgent and the Lenders’ execution and delivery of this First Amended Forbearance Agreement, each the Company and the SubsidiariesLoan Parties, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree and covenant not to ▇▇▇ sue or prosecute against the Releasees any Releasee (as defined belowhereinafter defined) and hereby forever waivewaives, release releases and discharge discharges, to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against any or all of the Noteholders Lenders in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance Waiver Effective Date, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the business, operations, assets, properties, affairs Loan Documents or transactions contemplated thereby or any other aspect of the Company actions or the Subsidiaries; omissions in connection therewith, or (ii) any aspect of the dealings or relationships between or among the Company Borrower and the SubsidiariesGuarantors, on the one hand, and any or all of the NoteholdersLenders, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (iiii) the Indenture hereof. The receipt by Borrower or any transactions contemplated thereby other Loan Party of any loans or other financial accommodations made by any acts or omissions in connection therewithLender after the date hereof shall constitute a ratification, providedadoption, however, that and confirmation by such party of the foregoing shall general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not release now known or unknown, existing on or prior to the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate of receipt of any such Loans or other financial accommodations. In entering into this First Amended Forbearance Agreement, the Company Borrower and the Subsidiaries each other Loan Party consulted with, and have has been represented by, legal counsel and expressly disclaim disclaims any reliance on any representations, acts or omissions by any of the Releasees and the Company hereby agrees and the Subsidiaries hereby agree and acknowledge acknowledges that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofthereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement Agreement, the Loan Agreement, the other Loan Documents and payment in full of the Obligations. b. Each of the Loan Parties, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by Borrower or any other Loan Party.

General Release. (a) In consideration ofof the covenants, among other thingsagreements, and undertakings of the Company under the Offer to Amend and this General Release Agreement, effective upon the Expiration Date, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesHolder, on behalf of themselves itself and their successors its respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, managers, members, successors, and assigns (collectively, the “Releasors”)) hereby releases, hereby waives, and forever agree discharges the Company and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) its respective present and hereby forever waiveformer, release direct and discharge to the fullest extent permitted by lawindirect, each Releasee fromparents, any and all claims subsidiaries, affiliates, predecessors, employees, officers, directors, shareholders, managers, members, agents (including, without limitation, crossclaims▇▇▇▇▇▇ ▇▇▇▇▇▇ & Co., counterclaimsLLC, rights of set-off and recoupmentas Placement Agent for the Company’s securities), representatives, permitted successors, and permitted assigns (collectively, “Releasees”) of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, interestsreckonings, obligations, costs, expenses, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, costsclaims, expenses and demands, of every kind and nature whatsoever, whether now known or claims whatsoever unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity (collectively, the “Claims”), that which any of such Releasor Releasors ever had, now has have, or hereafter can, shall, or may havehave against any of such Releasees for, upon, or by reason of any matter, cause, or thing whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against from the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within beginning of time through the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Expiration Date, that relate toexcept for any Claims relating to rights and obligations preserved by, arise created by, or otherwise arising out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiariesthis General Release Agreement; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing this General Release Agreement shall not release relieve the Noteholders Company from their express (i) its indemnification obligations under this First Amended Forbearance Agreementindemnification agreements with the Company’s current or former directors and officers, (ii) its obligations pursuant to employment agreements with the Indenture, Company’s current or former employees or (iii) its repayment obligations pursuant to the Intercreditor PIK Note Purchase Agreement and the Collateral AgreementsPIK Notes, which shall remain in full force and effect (the “Released Claims”). In entering into Notwithstanding anything else in this First Amended Forbearance General Release Agreement to the contrary, by executing this General Release Agreement (by ▇▇▇▇▇▇’s execution and delivery of an Election to Consent, together with any other required documents in accordance with the terms of the Offer to Amend, electing thereby to participate in the Offer to Amend, pursuant to Section 4(e) hereto) Holder shall not be deemed to have waived compliance with any provision of Securities Exchange Act of 1934 or of any rule or regulation thereunder, or of any rule of a self-regulatory organization. (b) The Holder acknowledges and agrees that Holder may hereafter discover facts different from or in addition to those now known, or believed to be true, regarding the subject matter of this General Release Agreement, and that such different or additional facts may give rise to claims currently unknown, unanticipated and unsuspected, and further acknowledges and agrees that this General Release Agreement shall remain in full force and effect, notwithstanding the existence of any different or additional facts. Furthermore, the Holder acknowledges and agrees that the release set forth above constitutes a waiver and release of any rights or benefits that the law may provide, and that this General Release Agreement is entered into knowingly and voluntarily, without duress or undue influence, in consideration for the promises, obligations and rights set forth in the Offer to Amend and this General Release Agreement. The Holder fully understands that if any facts regarding the subject matter underlying this General Release Agreement are found hereafter to be other than, or different from, any fact now believed to be true, the Holder accepts and assumes the risk of such possible difference(s) in fact. Without conceding the applicability thereof, the Holder agrees that it is familiar with Section 1542 of the Civil Code of California, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Accordingly, the Holder waives and relinquishes every right or benefit bestowed or potentially bestowed by Section 1542 above or any similar statute, rule or regulation in any state or jurisdiction, with respect to this General Release Agreement. (c) The Holder acknowledges and intends that this General Release Agreement shall be effective as a bar to each and every one of the Released Claims. The Holder expressly consents that this General Release Agreement shall be given full force and effect according to each and all of its terms and provisions, including those relating to unknown and unsuspected claims (notwithstanding any state statute that expressly limits the effectiveness of a general release of unknown, unsuspected or unanticipated claims), if any, as well as those relating to any other Released Claims. The Holder acknowledges and agrees that this waiver is an essential and material term of this General Release Agreement and that without such waiver the Company and would not have agreed to consummate the Subsidiaries consulted withtransactions contemplated by the Offer to Amend. The Holder further agrees that in the event she, and have been represented byhe or it, legal counsel and expressly disclaim or any reliance on other Releasor, should assert any representations, acts or omissions by Released Claim seeking damages against any of the Releasees and Releasees, this General Release Agreement shall serve as a complete defense to any such Claim. The Holder agrees that neither this General Release Agreement, nor the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness furnishing of the releases set forth herein do not depend in consideration for this General Release Agreement, shall be deemed or construed at any way on time to be an admission by any such representations, acts and/or omissions Releasee or the accuracy, completeness any Releasor of any improper or validity hereofunlawful conduct. The provisions Holder also agrees that if she, he or it, or any other Releasor, violates this General Release Agreement by asserting any Released Claims against any Releasee, the Holder will pay all costs and expenses of this Section 4 shall survive defending against the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationssuit incurred by such Releasee, including attorneys’ fees.

General Release. In consideration ofExcept for the Obligations of the Parties set forth in Sections 1 and 2 above, among other thingseach Party hereto, the Noteholders’ execution on its own behalf and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiaries, on behalf of themselves its predecessors-in-interest, successors-in-interest, transferees, officers, directors, shareholders, Affiliates, employees, representatives and their successors assigns, and assigns each of them (collectively, the “Releasors”), hereby unconditionally and irrevocably relieves, releases, forgives, remises, acquits and forever agree discharges the other Party hereto, and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waiveeach of their predecessors-in-interest, release and discharge to the fullest extent permitted by lawsuccessors-in-interest, each Releasee fromassigns, officers, shareholders, Affiliates, representatives, agents, any other fiduciary or representative, and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever attorneys (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole and each of them, from any and all Claims and Obligations, of any kind or in part on facts whether nature whatsoever, known or not unknown, foreseen or unforeseen, suspected or unsuspected, vested or contingent, accrued or unaccrued, which the Releasors either together or severally now knownhave, existing on or before may hereafter have against the Amended Forbearance Releasees, or any of them, by reason of any matter, cause of thing whatsoever, from the beginning of time, through and including the Effective Date. For purposes of clarity and the avoidance of doubt, that relate and without in any manner limiting the scope of the foregoing, the foregoing includes, but is not limited to, arise out of otherwise are in connection with (i) any aspect of Claims and Obligations On Account Of the businessLicense Agreement, operationsincluding, assetsbut not limited, propertiesany Obligations thereunder or their termination hereby, affairs or and any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships prior business relationship between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company Releasors related to the License Agreement, the Software Technology and Databases or otherwise (the Subsidiaries hereby agree and acknowledge that “Released Matters”). Notwithstanding the validity and effectiveness foregoing, this release is not intended by the Parties to operate as a release of the releases set forth herein do not depend in any way on claim which relates or arises out of conduct or actions which arise from this Agreement or any such representations, acts and/or omissions or the accuracy, completeness or validity breach hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations.

General Release. In consideration of, among other things, the NoteholdersPurchasers’ and the Collateral Agent’s execution and delivery of this First Amended Forbearance AgreementAmendment, the Company and the Subsidiarieseach other Loan Party, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree agrees and covenant covenants not to ▇▇▇ sue or prosecute against the Releasees any Releasee (as defined belowhereinafter defined) and hereby forever waivewaives, release releases and discharge discharges, to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders Collateral Agent and Purchasers in any capacity and their affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance Second Amendment Effective Date, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the business, operations, assets, properties, affairs Note Documents or transactions contemplated thereby or any other aspect of the Company actions or the Subsidiaries; omissions in connection therewith, (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiariesother Loan Parties, on the one hand, and the NoteholdersCollateral Agent and/or the Purchasers, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof, or (iii) any aspect of the Indenture dealings or relationships between or among any or all of the Loan Parties, on the one hand, and the Purchasers, on the other hand, but only to the extent such dealings or relationships relate to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by the Company or any transactions contemplated thereby other Loan Party of the proceeds of any Notes or any acts or omissions in connection therewithother financial accommodations made by the Collateral Agent and the Purchasers after the Second Amendment Effective Date shall constitute a ratification, providedadoption, however, that and confirmation by such party of the foregoing shall general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not release now known or unknown, existing on or prior to the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate of receipt of any such proceeds or other financial accommodations. In entering into this First Amended Forbearance AgreementAmendment, the Company and the Subsidiaries each other Loan Party consulted with, and have has been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofthereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement Amendment, the Note Purchase Agreement, the other Note Documents and payment in full of the Obligations.

General Release. (a) In consideration of, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, each of the Company Issuer and the Subsidiariesother Credit Parties, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree agrees and covenant covenants not to ▇s▇▇ or prosecute against the Releasees any Releasee (as defined belowhereinafter defined) and hereby forever waivewaives, release releases and discharge to the fullest extent permitted by law, discharges each Releasee from, (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against any or all of the Noteholders and Trustee in any capacity and their respective affiliates, shareholders subsidiaries, shareholders, partners and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, shareholders, partners, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the business, operations, assets, properties, affairs Indenture or transactions contemplated hereby or any other aspect of the Company actions or the Subsidiaries; omissions in connection herewith or (ii) any aspect of the dealings or relationships between or among the Company Issuer and the Subsidiariesother Credit Parties, on the one hand, and any or all of the NoteholdersNoteholders and Trustee, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (iiii) hereof. (b) Each of the Indenture Issuer and other Credit Parties, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not s▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by Issuer or any transactions contemplated thereby other Credit Party pursuant to Section 5(a) hereof. If Issuer, any other Credit Party or any acts of its successors, assigns or omissions in connection therewith, provided, however, that other legal representatives violates the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreementcovenant, the IndentureCredit Parties, the Intercreditor Agreement each for itself and the Collateral Agreements. In entering into this First Amended Forbearance Agreementits successors, the Company assigns and the Subsidiaries consulted withlegal representatives, jointly and have been represented byseverally agree to pay, legal counsel in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys' fees and expressly disclaim any reliance on any representations, acts or omissions costs incurred by any Releasee as a result of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationsviolation.

General Release. In Release ------- For and in consideration ofof the payment of the amounts and the provision of the benefits described in Section 1 of that certain Separation Agreement dated as of July 8, among other things2004 by and between Leonard Tow (the "Executive") and Citizens Co▇▇▇▇▇▇▇▇▇▇▇s Company (the "Company") (the "Agreement"), the Noteholders’ execution Executive hereby agrees on behalf of himself, his agents, assignees, attorneys, successors, assigns, heirs and delivery of this First Amended Forbearance Agreementexecutors, to, and the Executive does hereby, fully and completely forever release the Company and the SubsidiariesCompany Affiliates (as such term is defined in the Agreement) and their respective past, current and future affiliates, predecessors and successors and all of their respective past and/or present representatives, administrators, attorneys, insurers and fiduciaries, in their individual and/or representative capacities (hereinafter collectively referred to as the "Company Releasees"), from any and all causes of action, suits, agreements, promises, damages, disputes, controversies, contentions, differences, judgments, claims, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialities, covenants, contracts, variances, trespasses, extents, executions and demands of any kind whatsoever, which the Executive or his agents, assignees, attorneys, successors, assigns, heirs and executors ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to the Executive, for, upon, or by reason of, any matter, action, omission, course or thing whatsoever occurring up to the date this General Release is signed by the Executive. Without limiting the generality of the foregoing, the Executive hereby agrees on behalf of themselves himself, his agents, assignees, attorneys, successors, assigns, heirs and executors, to, and the Executive does hereby, fully and completely forever release the Company Releasees and all of their successors respective past and/or present officers, directors, partners, members, managing members, managers, employees, agents, representatives, administrators, attorneys, insurers and assigns (collectivelyfiduciaries, in their individual and/or representative capacities in connection with or in relationship to the Executive's employment or other service relationship with the Company, the “Releasors”)termination of any such employment or service relationship and any applicable employment, hereby forever agree and covenant not to ▇▇▇ compensatory or prosecute against equity arrangement with the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims Company (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupmentthe Employment Agreement (as such term is defined in the Agreement), actionsany exhibits attached thereto, causes of actionany amendments thereto, suitsand any equity or employee benefit plans, debtsprograms, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses policies or claims whatsoever (collectively, the “Claims”other arrangements), any claims of breach of contract, wrongful termination, retaliation, fraud, defamation, infliction of emotional distress or national origin, race, age, sex, sexual orientation, disability, medical condition or other discrimination or harassment, (such released claims are collectively referred to herein as the "Released Claims"); provided that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or Released Claims shall not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with include (i) any aspect of claims to enforce the businessExecutive's rights or obligations under, operationsor with respect to, assetsthe Agreement, properties, affairs or any other aspect of the Company or the Subsidiaries; and (ii) any aspect claims arising out of or in connection with any obligations by the Company in respect of certain litigation matters addressed in that certain resolution of the dealings or relationships between or among board of directors of the Company adopted July 30, 2002 and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any minutes of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness meeting of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions board of this Section 4 shall survive the expiration directors of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsCompany, dated December 17, 2002.

General Release. In consideration of, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiaries(a) Seller, on behalf of themselves itself and its Affiliates which it controls, and their respective successors and assigns (collectively, the “Seller Releasors”), hereby knowingly and voluntarily releases and forever agree discharges, effective as of the Closing Date, Buyer and covenant not to ▇▇▇ or prosecute against the Releasees Company, and each of their respective past, present and/or future Affiliates and Representatives (as defined below) and hereby forever waivecollectively, release and discharge to the fullest extent permitted by law“Buyer Released Parties”), each Releasee from, from any and all claims (includingProceedings, without limitationclaims, crossclaimssuits, counterclaims, rights of set-off and recoupment), actionscontroversies, causes of action, suitscross-claims, counter claims, demands, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive compensatory damages, demandsliquidated damages, agreementspunitive or exemplary damages, bondsother damages, billsclaims for costs and attorneys’ fees, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims liabilities of any nature whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature in law and kindin equity, whether known or unknown, whether now existing liquidated or hereafter arisingcontingent, whether arising at law or in equity, against which the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs Seller or any other aspect Seller Releasor ever had, now have or may have relating to, arising out of or in any way connected with the dealings of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the SubsidiariesCompany, on the one hand, and the NoteholdersSeller and the other Seller Releasors, on the other hand, or any circumstance, agreement, action, omission, event or matter occurring or existing between the Company on the one hand and the Seller and the other Seller Releasors on the other hand, in each case, prior to the Closing Date (iii) collectively, the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, “Seller Released Claims”); provided, however, that the foregoing Seller Released Claims shall not release include any of the Noteholders from their express terms, conditions or other provisions or obligations under this First Amended Forbearance AgreementAgreement or the Transaction Documents, or any claims with respect to Fraud. (b) Buyer, on behalf of itself and its Affiliates which it controls (including the Company from and after the Closing) , and their respective successors and assigns (collectively, the Indenture“Buyer Releasors”), hereby knowingly and voluntarily releases and forever discharges, effective as of the Closing Date, Seller, and each of its past, present and/or future Affiliates and Representatives (collectively, the Intercreditor Agreement “Seller Released Parties”), from any and all Proceedings, claims, suits, controversies, causes of action, cross-claims, counter claims, demands, debts, compensatory damages, liquidated damages, punitive or exemplary damages, other damages, claims for costs and attorneys’ fees, or liabilities of any nature whatsoever in law and in equity, whether known or unknown, liquidated or contingent, which the Buyer or any other Buyer Releasor ever had, now have or may have relating to, arising out of or in any way connected with the dealings of the Company and/or the Seller, on the one hand, and the Collateral Agreements. In entering into this First Amended Forbearance AgreementBuyer and the other Buyer Releasors, on the other hand, or any circumstance, agreement, action, omission, event or matter occurring or existing between the Company and/or the Seller on the one hand and the Buyer and the other Buyer Releasors on the other hand, in each case, prior to the Closing Date (collectively, the Company and “Buyer Released Claims”); provided, however, that the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by Buyer Released Claims shall not include any of the Releasees terms, conditions or other provisions or obligations under this Agreement or the Transaction Documents, or any claims with respect to Fraud. (c) Each of the Seller and the Company Buyer acknowledges that the Laws of many states provide substantially the following: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each of the Seller and the Subsidiaries hereby agree and acknowledge Buyer acknowledges that the validity and effectiveness such provisions are designed to protect a party from waiving claims which he does not know exist or may exist. Nonetheless, each of the releases set forth herein do Seller and the Buyer agrees that, effective as of the Closing Date, the Seller and the other Seller Releasors and the Buyer and the other Buyer Releasors shall be deemed to waive any such provision. (d) Each of the Seller and the Buyer further agrees that it shall not, and shall not depend permit any Affiliates which it controls to, (i) institute a lawsuit or other legal proceeding based upon, arising out of, or relating to any of the Seller Released Claims or the Buyer Released Claims, as applicable, (ii) participate, assist, or cooperate in any way on such proceeding, or (iii) encourage, assist and/or solicit any third party to institute any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationsproceeding.

General Release. In consideration of, among other things, the NoteholdersPurchasers’ and the Collateral Agent’s execution and delivery of this First Amended Forbearance AgreementAmendment, the Company and the Subsidiarieseach other Loan Party, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree agrees and covenant covenants not to ▇▇▇ sue or prosecute against the Releasees any Releasee (as defined belowhereinafter defined) and hereby forever waivewaives, release releases and discharge discharges, to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders Collateral Agent and Purchasers in any capacity and their affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance First Amendment Effective Date, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the business, operations, assets, properties, affairs Note Documents or transactions contemplated thereby or any other aspect of the Company actions or the Subsidiaries; omissions in connection therewith, (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiariesother Loan Parties, on the one hand, and the NoteholdersCollateral Agent and/or the Purchasers, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof, or (iii) any aspect of the Indenture dealings or relationships between or among any or all of the Loan Parties, on the one hand, and the Purchasers, on the other hand, but only to the extent such dealings or relationships relate to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by the Company or any transactions contemplated thereby other Loan Party of the proceeds of any Notes or any acts or omissions in connection therewithother financial accommodations made by the Collateral Agent and the Purchasers after the First Amendment Effective Date shall constitute a ratification, providedadoption, however, that and confirmation by such party of the foregoing shall general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not release now known or unknown, existing on or prior to the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate of receipt of any such proceeds or other financial accommodations. In entering into this First Amended Forbearance AgreementAmendment, the Company and the Subsidiaries each other Loan Party consulted with, and have has been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofthereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement Amendment, the Note Purchase Agreement, the other Note Documents and payment in full of the Obligations.

General Release. In As full consideration of, among other thingsof the Separation Benefits described above, the Noteholders’ execution adequacy of which is hereby acknowledged, and delivery excepting accrued benefits to which Employee may be entitled following termination of this First Amended Forbearance Agreementemployment under the terms of established benefit plans, including but not limited to the Employee AIP Agreements, the Company Employee Equity Agreements, deferred compensation plans and stock benefit plans, covering Employee on the SubsidiariesEffective Date, on behalf of themselves and their successors and assigns (collectively, the “Releasors”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted allowable by law, each Releasee fromEmployee (on Employee’s behalf and on behalf of Employee’s heirs, family members, executors, administrators, representatives, attorneys, agents, successors and assigns, and any and all other persons or entities who have or could have made claims through or based on any of Employee’s rights) hereby irrevocably and unconditionally waives releases and forever discharges Company and its current and former subsidiaries, affiliates, and/or parent companies, and their respective past and present insurers, agents, officers, directors, employees, representatives, contractors, administrators, fiduciaries, predecessors, successors, assigns, benefit plans, plan trustees, and third-party administrators of such plans, and/or any of them, and/or anyone claiming by, through, under, or on behalf of any of them (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment“Releasees”), of and from any and all actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damagesclaims, demands, agreementspenalties, bondscharges, billsliabilities, specialtieslosses, covenantscosts (including, controversiesbut not limited to, variances, trespasses, judgments, executions, attorneys’ fees and costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has expenses, and damages of any kind or hereafter may have, of whatsoever nature and kindwhatsoever, whether known or unknown, whether foreseen or unforeseeable, suspected or unsuspected (hereinafter referred to as “claim” or “claims”), which Employee at any time had or claimed to have, or which Employee now existing has or hereafter arisingclaims to have, whether arising at law or in equitywhich Employee may have or claim to have, against the Noteholders in relating to any capacity and their affiliatesomissions, shareholders and “controlling persons” (within the meaning acts, facts, or events that have occurred as of the federal securities law)date Employee signs this Agreement, and their respective successors and assigns and each and all of including, without limitation, the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing following (collectively, the “ReleaseesGeneral Release”)): a. all claims relating to or arising out of Employee’s employment relationship with Company and/or the separation of employment therefrom; b. all claims arising under any federal, based in whole state, local, or in part on facts whether municipal law, statute, or regulation, including, but not now known, existing on or before the Amended Forbearance Effective Date, that relate limited to, arise out of otherwise are in connection with (i) any aspect Title VII of the businessCivil Rights Act of 1964; the Civil Rights Act of 1991; the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990, operationsas amended, assetsincluding but not limited to the Americans with Disabilities Amendments Act; the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act (OWBPA); the Equal Pay Act; the Fair Labor Standards Act, propertiesexcept as prohibited by law; Sections 1981 through 1988 of Title 42 of the United States Code; the Employee Retirement Income Security Act of 1974 (except for any vested benefits under any tax qualified benefit plan); the Immigration Reform and Control Act; the Genetic Information Nondiscrimination Act of 2008; the Occupational Safety and Health Act of 1970, affairs or as amended, 29 U.S.C. § 651 et seq.; the Workers Adjustment and Retraining Notification Act; the Fair Credit Reporting Act; the Family and Medical Leave Act, except as prohibited by law; the Uniformed Services Employment and Reemployment Rights Act of 1994; the National Labor Relations Act; the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002; the employee (whistleblower) civil protection provisions of the Corporate and Criminal Fraud Accountability Act (▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act); any other aspect federal, state Employee Initials: JR Employer Initials: KL or local law, rule, regulation, or ordinance and the common law; all as amended from time to time and their respective implementing regulations (the omission of any specific statute or law shall not limit the scope of this General Release in any manner); c. any claim that the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees or any of their respective current or former managers, officers, owners, employees, directors or supervisors, jointly or severally, breached or interfered with any express or implied contract, duty, promise, term or condition towards Employee; d. any claim for promissory estoppel, reliance, violation of public policy, infliction of mental or emotional distress, loss of consortium, invasion of privacy, false light, fraud, negligence, intentional tort, breach of express or implied contract, or defamation; e. any claim for monetary recovery and/or personal or individual relief, except as prohibited by law; and f. any claims for or basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters. This General Release is intended to be and shall expressly include a covenant not to sue, but shall not discharge claims arising out of any events which may occur after the Company and date of execution of this Agreement. If any claim is not subject to release, to the Subsidiaries hereby agree and acknowledge that the validity and effectiveness extent permitted by law, Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective, or multi-party action or proceeding based on such a claim in which any of the releases set forth herein do not depend in Releasees is a party. Should Employee commence or prosecute any way on any such representations, acts and/or omissions action or proceeding contrary to the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive Agreement, Employee agrees to indemnify Releasees and/or the expiration affected personnel for all court costs and attorneys’ fees incurred by Releasees and personnel in the defense of such action or in establishing or maintaining the Forbearance Period and the termination application or validity of this First Amended Forbearance Agreement or provisions thereof. This provision, however, shall not be applicable to any action or proceeding brought by Employee for the purpose of challenging the validity and/or enforceability of any waiver of any age discrimination claim Employee may have against the Company, in which case court costs and payment in full attorneys’ fees shall be payable by Employee to the Company only if such challenge is unsuccessful and applicable law permits such recovery under the circumstances. In addition, this provision shall not be applicable to any action or proceeding brought by Employee for the purpose of the Obligationsenforcing Employee’s rights pursuant to this Agreement.

General Release. In consideration ofa. Executive, among other thingsfor himself, the Noteholders’ execution his marital community and delivery of this First Amended Forbearance Agreementchildren, the Company and the Subsidiarieshis heirs, on behalf of themselves and their beneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns assigns, and anyone claiming through them (collectively, the “Executive Releasors”), hereby forever agree releases and covenant not discharges the Company, and any of its divisions, affiliates, subsidiaries, parents, predecessors, successors and assigns, and, with respect to ▇▇▇ such entities, their officers, directors, managers, members, employees, agents, stockholders, administrators, general or prosecute against limited partners, representatives, attorneys, insurers and fiduciaries, past, present and future (collectively, the Releasees (as defined below) and hereby forever waive“Company Releasees”), release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingcharges, without limitationcomplaints, crossclaimsclaims, counterclaimsliabilities, rights of set-off and recoupment)obligations, promises, agreements, controversies, damages, actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damagesrights, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, in law or claims whatsoever (collectivelyequity, the “Claims”)known or unknown, suspected or unsuspected, that such Releasor the Executive Releasors ever had, now has have or hereafter can, shall or may have, for, upon, or by reason of whatsoever nature any matter, cause or thing whatsoever, up to and kindincluding the date the parties execute this Agreement, whether known or unknownunknown to Executive, and whether vicarious, derivative, or direct (the “General Release”). For the avoidance of doubt, such released claims include, without limitation, any and all claims arising out of Executive’s employment by the Company and the termination of such employment, including any claims for unpaid wages, commissions, bonuses, incentive pay, vacation pay, legal fees, severance or other compensation, or any claims arising under or for alleged violation or breach of any contract, express or implied, including, without limitation, the Employment Agreement, any benefit or stock or equity plan, or any covenant of good faith and fair dealing, express or implied, or any tort, whether now existing intentional or hereafter arisingunintentional, whether arising at law including, without limitation, defamation, intentional infliction of emotional distress, fraud and breach of duty, or in equityany legal restriction on the Company’s right to terminate employees, against the Noteholders in and any capacity and their affiliatesfederal, shareholders and “controlling persons” (within the meaning state or other governmental statute, regulation, or ordinance, including, without limitation, Title VII of the federal securities law)Civil Rights Act of 1964, and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively42 U.S.C. Section 2000e et seq., the Age Discrimination in Employment Act, 29 U.S.C. 621 et seq. (“ReleaseesADEA”), based in whole or in part on facts whether or the Older Workers Benefit Protection Act, the Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.(“OWBPA”), the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq., the Reconstruction Era Civil Rights Act, as amended, 42 U.S.C. Section 1981 et seq., the Rehabilitation Act of 1973, 29 U.S.C. Section 701 et seq., the Family and Medical Leave Act of 1992, 29 U.S.C. Section 2601 et seq., the Colorado Anti-Discrimination Act, the Colorado Minimum Wage Order, the Colorado Labor Relations Act, the Colorado Labor Peace Act, the Nevada Fair Employment Practices Act, the Nevada Equal Pay Act, the Nevada Wage and Hour Laws, the Nevada Minimum Wage Law and the Colorado and Nevada constitutions, each as amended. Notwithstanding anything else herein to the contrary, this Section 4 shall not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with affect and does not release: (i) any aspect of the businessclaims indemnification or for coverage under office and director liability policies, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiariesif applicable; (ii) any aspect of the dealings or relationships between or among the Company claims that cannot be waived by applicable law; and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) any right by Executive to file an administrative charge with the Indenture Equal Employment Opportunity Commission (“EEOC”), subject to the restriction that if any such charge is filed, Executive agrees not to violate the confidentiality provisions of the Agreement and further agrees and covenants that should Executive or any transactions contemplated thereby other person, organization, or other entity file, charge, claim, ▇▇▇ or cause to permit to be field any charge with the EEOC, or any acts civil action, suit or omissions legal proceeding, against any Company Releasee involving any matter occurring at any time in connection therewiththe past, providedExecutive will not seek or accept any personal relief (including, howeverbut not limited to, a monetary award, recovery, relief or settlement) in such charge, civil action, suit or proceeding. Executive agrees that this Section 4 supersedes and amends the foregoing shall not release definition of the Noteholders from their express obligations term “Release” under Paragraph 17 of the Employment Agreement. b. Executive acknowledges and agrees that in accordance with the terms of the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act: i. Executive has read and understands this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering knowingly and voluntarily entered into this First Amended Forbearance Agreement without fraud, duress, or any undue influence. ii. Executive acknowledges that by this Agreement, the Company has advised Executive in writing to consult with an attorney before signing this Agreement. iii. Executive understands the language of this Agreement and its meaning, particularly with respect to Executive’s waiver and release of any claims against the Company under the ADEA. iv. Executive has been afforded twenty one (21) calendar days to consider the terms of this Agreement, but may voluntarily elect to sign the Agreement in a shorter period of time. v. Executive has seven (7) calendar days following his execution of this Agreement to revoke the Agreement, and the Subsidiaries consulted withAgreement will not become effective or enforceable until the seven (7) day period has expired. Executive may revoke the Agreement by ensuring written notice of revocation is received by the Company by 5:00 p.m. on the seventh (7th) calendar day following the execution of this Agreement. Following any such revocation, this Agreement shall be deemed null and have been represented by, void and of no legal counsel force. vi. Executive is not waiving any rights or claims that may arise after the date this Agreement is executed. c. For the purpose of implementing a full and expressly disclaim any reliance on any representations, acts or omissions by any complete release and discharge of the Releasees and Company Releasees, the Company and the Subsidiaries hereby agree and parties expressly acknowledge that the validity and effectiveness of the releases set forth herein do not depend General Release is intended to include in any way on any such representationsits effect, acts and/or omissions without limitation, all claims or the accuracy, completeness or validity hereof. The provisions of other matters described in this Section 4 shall survive that the expiration Executive Releasors do not know or suspect to exist in their favor at the time of execution hereof, and that the releases contained in this Section 4 contemplate the extinguishment of any and all such claims or other such matters. The Company Releasees that are not parties to this Agreement are third-party beneficiaries of the Forbearance Period release and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationsare entitled to enforce its provisions.

General Release. In consideration of, among other things, of the Noteholders’ execution and delivery of benefits to be provided to Employee by the Company as set forth in this First Amended Forbearance Agreement, Employee hereby fully and forever releases and discharges (this “Release”) the Company Company, and the Subsidiariesits current and former officers, on behalf of themselves directors, shareholders, partners, members, investors, administrators, employees, contractors, agents, attorneys, insurers, affiliates, successors, predecessors, subsidiaries, assigns and fiduciaries, in their successors and assigns individual and/or representative capacities, (collectively, the “ReleasorsReleased Parties”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (claims, suits, agreements, promises, damages, demands, disputes, controversies, contentions, differences, judgments, debts, dues, accounts, reckonings, bonds, causes of action, costs, expenses, bills, attorney’s fees, covenants, contracts, executions and demands of any kind whatsoever, which Employee ever had, now has or may have against the Released Parties or any of them, for, upon, or by reason of, any matter, action, omission, course or thing whatsoever occurring or arising on or before or up to the Termination Date, including, without limitation, crossclaimsin connection with or in relationship to Employee’s employment or other service relationship with the Company or its affiliates, counterclaims, rights of set-off Employee’s resignation from any and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses all positions that he holds or claims whatsoever (collectivelymay be deemed to hold with or in the Company, the termination of any such employment or service relationship and any applicable employment, compensatory or equity arrangement with the Company or its respective affiliates (such released claims are collectively referred to herein as the “Released Claims”), ; provided that such Releasor now has Released Claims shall not include any claims to enforce Employee’s rights under, or hereafter may havewith respect to, this Agreement. Employee understands and agrees that this Release is a full and complete waiver of whatsoever nature and kindall claims, aside from claims pursuant to Section 4 of this Agreement, whether known or unknownunknown by him, whether now existing suspected or hereafter arisingunsuspected, whether arising at law disclosed or in equityundisclosed, against the Noteholders in including, but not limited to, any capacity and their affiliatesclaims with respect to his entitlement to any wages, shareholders and “controlling persons” (within the meaning bonuses, vacation pay, expense reimbursements, severance benefits or other forms of compensation; any claims with respect to his purchase of, or right to purchase, any capital stock of the federal securities law)Company; any claims of wrongful discharge, and their respective successors and assigns and each and all breach of contract, breach of the officerscovenant of good faith and fair dealing, directorsviolation of public policy, employeesdefamation, agentspersonal injury, attorneys, advisors, auditors, consultants and other representative of each emotional distress; any claims under Title VII of the foregoing (collectivelyCivil Rights Act of 1964, as amended, the Fair Labor Standards Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, the Americans With Disabilities Act, California Labor Code Section 1197.5, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, as amended (“ReleaseesERISA”), based in whole as related to severance benefits, any family and medical leave acts; and any claims under any other U.S. federal, state, or in part on facts whether local, or not now knownany non-U.S., existing on laws and regulations relating to employment or before employment discrimination. Employee agrees that the Amended Forbearance Effective Date, that relate to, arise out of otherwise benefits provided to him pursuant to this Agreement are in connection with (i) full satisfaction and settlement of any aspect of the businesssuch Released Claims. Employee represents and warrants that he has not filed, operationsand he will not file, assetsany lawsuit or institute any proceeding, propertiescharge, affairs complaint or action asserting any such claim before any U.S. federal, state, or local, or any other aspect of non-U.S., administrative agency or court against any Released Party, concerning any event occurring prior to the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions Termination Date. Nothing in connection therewith, providedthis Agreement, however, shall be construed as prohibiting Employee from filing a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”) or participating in an investigation or proceeding conducted by the EEOC. Employee also hereby agrees that the foregoing nothing contained in this Release shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts constitute or omissions be treated as an admission of liability or wrongdoing by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsReleased Parties.

General Release. In consideration of▇▇▇, among other thingsfor himself and for his heirs, the Noteholders’ execution spouse, executors, administrators and delivery assigns, acknowledges complete satisfaction of this First Amended Forbearance Agreement, and unconditionally releases and forever discharges the Company and the Subsidiariesany and all of its respective affiliated companies, on behalf subsidiaries, divisions, affiliated entities, partnerships, successors and assigns, and any and all of themselves and their successors its past, present and/or future officers, directors, members, shareholders, partners, unitholders, agents, employees, administrators and assigns (collectively, the “Releasors”hereinafter collectively referred to as "Company Releasees"), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingclaims, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actionsdemands, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectivelycharges, the “Claims”), that such Releasor now has or hereafter may have, fees and liabilities of whatsoever nature and kindany kind whatsoever, whether known or unknown, whether unsuspected or latent, which ▇▇▇ or any of his heirs, guardians, administrators, executors, successors in interest, and/or assigns have incurred or expect to incur, or now existing own or hereafter arisinghold or have at any time heretofore owned or held, whether arising or may at law any time own, hold or in equity, claim by reason of any matter or thing against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)Company Releasees, and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectivelythem, the “Releasees”)arising from or by reason of any actual or alleged act, based in whole omission, transaction, practice, conduct or in part on facts whether or not now knownoccurrence, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect matter whatsoever on or prior to the date of ▇▇▇'▇ execution of this Agreement. Without limiting the generality of the foregoing, ▇▇▇ specifically waives and fully releases Company Releasees, and each of them, from any and all claims arising out of ▇▇▇'▇ employment with the Company and/or the termination of his employment, any positions ▇▇▇ held or services ▇▇▇ rendered, as well as ▇▇▇'▇ resignation of all positions held with Company, including but not limited to: (a) any claim under the Americans with Disabilities Act, the California Fair Employment and Housing Act, the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967 or the SubsidiariesOlder Workers Benefit Protection Act, the Employee Retirement Income Security Act of 1974; (iib) any aspect other claim of employment discrimination (whether based on federal, state or local, statutory or decisional law; (c) any claim arising out of the dealings or relationships between or among the Company terms and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by conditions of ▇▇▇'▇ employment and/or any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions events relating directly or the accuracy, completeness indirectly to or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and surrounding the termination of his employment; (d) any claims for severance, pension, bonuses, profit sharing or severance/termination payments; (e) any claim regarding any claimed employment or benefit agreement or contract whether written or oral; (f) any claim for any alleged injuries incurred during ▇▇▇'▇ employment with the Company including any claims for rehabilitation; and (g) any other matter or claim whatsoever between the Parties (jointly "Claims"). These releases do not include or release Company Releases or any of them, from providing the benefits or making the payments provided for in Paragraph 3 of this First Amended Forbearance Agreement and payment in full of the ObligationsAgreement.

General Release. In a. By signing this Release, in consideration offor the sums of money and benefits Employee is eligible to receive under this Release, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesEmployee, on behalf of themselves herself and their her heirs, representatives, administrators, executors, successors and assigns (collectively, the “Releasors”)assigns, hereby irrevocably and unconditionally releases, acquits, and forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge discharges to the fullest extent permitted by law, the Company and each Releasee fromof its present and former divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, and together with all present and former benefit plans or policies, plan administrators, agents, directors, officers, employees, owners, representatives and attorneys of all such entities or persons and all persons acting by, through, under or in concert with any of them (collectively referred to as the “Released Parties”), from any and all claims (includingcharges, without limitationcomplaints, crossclaimsclaims, counterclaimsliabilities, rights of set-off and recoupment)obligations, promises, agreements, controversies, damages, actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damagesrights, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, losses, debts and expenses or claims whatsoever (collectively, the “Claims”including attorney’s fees and costs), that such Releasor now has or hereafter may haveof any nature whatsoever, of whatsoever nature and kind, whether known or unknown, whether which Employee now existing has, has had, or may hereafter arising, whether arising at law claim to have had against each or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities lawReleased Parties resulting from or arising out of any matter, act, omission, cause or event whatever that has previously occurred; except that Employee does not waive or release rights reserved under Section 3 of this Release or rights or claims that cannot be lawfully waived. Employee understands that by signing this Release and accepting the sums of money and benefits described in this Release, Employee is waiving any right to pursue any claim against any of the Released Parties for payments or benefits of any kind (other than those expressly reserved in this Release), and their respective successors and assigns and each and all of the officersas well as claims for back pay, directorsseverance pay, employeesliquidated damages, agentscompensatory damages, attorneyspunitive damages, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect losses or other damages to Employee or Employee’s property resulting from any claimed violation of local, state or federal law, including, for example (but not limited to), claims arising under Title VII of the Company Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, the Retaliatory Employment Discrimination Act, the Employee Retirement Income Security Act of 1974, The Family Medical Leave Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Act, the North Carolina Retaliatory Employment Discrimination Act, the Genetic Information Nondiscrimination Act, the North Carolina Equal Employment Practices Act, the North Carolina Persons with Disabilities Protection Act, all as amended, and claims under any other federal, state or local law pertaining to Employee’s employment or the Subsidiaries; (ii) termination of her employment. b. This Release does not waive or interfere with any aspect rights Employee may have to file a charge of the dealings discrimination with a federal or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewithstate administrative agency, provided, however, that the foregoing shall Employee acknowledges and agrees that she is not release the Noteholders from their express obligations under entitled to any personal recovery in any such agency proceeding. 198183625 v3 c. Employee acknowledges that this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement Release applies both to known and unknown claims that may exist between Employee and the Collateral AgreementsReleased Parties as of the date she signs this Release. In entering into Employee expressly waives and relinquishes all rights and benefits which Employee may have under any state or federal statute or common law principle that would otherwise limit the effect of this First Amended Forbearance AgreementRelease to claims known or suspected prior to the date Employee signs this Release, and does so understanding and acknowledging the significance and consequences of such specific waiver. Employee acknowledges that the benefits provided by the Company under Section 2 of this Release are discretionary in nature and not required of the Company in the absence of this Release and Employee’s release of claims herein, and constitute adequate consideration for the release. d. Employee represents that, as of the date of execution of this Release, she has not filed with any agency or court any complaint or lawsuit against any of the Released Parties (as defined in Section 5 of this Release), and to the best of her knowledge, has no claim, cause of action or rights of actions against the Company arising out of or in any way connected with her employment with the Company. e. Employee agrees that she will not seek or apply for re-employment with any of the Released Parties and Employee waives any right to re-employment or reinstatement with the Company or any other Released Party. Employee acknowledges that it is the general policy of the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do its subsidiaries not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions to re-employ individuals with whom it has entered into separation agreements of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationsnature.

General Release. a. In consideration ofof the payments (less all applicable federal, among other things, the Noteholders’ execution state and delivery local withholdings) set forth in Section 3(b)(i) [and 3(c)] of this First Amended Forbearance that certain Employment Agreement, dated November 21, 2016, by and between the Company and Executive (the Subsidiaries“Employment Agreement”), Executive, on behalf of themselves himself and their his agents, heirs, executors, successors and assigns (collectivelyassigns, knowingly and voluntarily releases, remises, and forever discharges the “Releasors”)Company, hereby forever agree and covenant not to ▇▇▇ its parents, subsidiaries or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders together with each of their current and “controlling persons” (within the meaning of the federal securities law)former principals, and their respective successors and assigns and each and all of the officers, directors, employeespartners, shareholders, agents, attorneysrepresentatives and employees, advisorsand each of their respective affiliates, auditors, consultants and other representative of each of the foregoing above listed person’s heirs (each, in their capacity as such), executors, successors and assigns whether or not acting in his or her representative, individual or any other capacity (collectively, the “Releasees”), based to the fullest extent permitted by law, from any and all debts, demands, actions, causes of actions, accounts, covenants, contracts, agreements, claims, damages, costs, expenses, omissions, promises, and any and all claims and liabilities whatsoever, of every name and nature, known or unknown, suspected or unsuspected, both in whole law and equity (“Claims”), which Executive ever had, or in part on facts whether now has by reason of any matter, cause or not now knownthing whatsoever arising from Executive’s employment with the Company to the time he signs this Agreement (the “General Release”). The General Release shall apply to any Claim of any type regarding Executive’s employment, existing on including, without limitation, any Claims with respect to Executive’s entitlement to any wages, bonuses, benefits, payments, or before the Amended Forbearance Effective Dateother forms of compensation; any claims of wrongful discharge, that relate tobreach of contract, arise out of otherwise are in connection with (i) any aspect breach of the businesscovenant of good faith and fair dealing, operationsviolation of public policy, assetsdefamation, propertiespersonal injury, affairs or emotional distress; any Claims of any type that Executive may have arising under the common law; any Claims under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Americans With Disabilities Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the federal Workers’ Adjustment and Retraining Notification Act, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act, each as amended; and any other aspect of the Company federal, state or the Subsidiaries; (ii) any aspect of the dealings local statutes, regulations, ordinances or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other handcommon law, or (iii) the Indenture under any policy, agreement, contract, understanding or any transactions contemplated thereby promise, written or any acts oral, formal or omissions in connection therewithinformal, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by between any of the Releasees and the Company Executive, and the Subsidiaries hereby agree shall further apply, without limitation, to any and acknowledge that the validity and effectiveness all Claims in connection with, related to or arising out of the releases set forth herein do not depend in any way on any such representationsExecutive’s employment relationship, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of his employment, with the Company or any Releasee. b. Executive intends that this First Amended Forbearance general release extend to any and all Claims of any kind or character related to the Company, and Executive, on behalf of himself, his agents, heirs, executors, successors and assigns, therefore expressly waives any and all rights granted by federal or state law or regulation that may limit the release of unknown claims. c. Executive represents and warrants that Executive has not filed, and Executive will not file, any lawsuit or institute any proceeding, charge, complaint or action asserting any claim released by this Agreement and payment before any federal, state, or local administrative agency or court against any Releasee, concerning any event occurring prior to the signing of this Agreement. Nothing in full this Agreement, however, shall be construed as prohibiting Executive from filing a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”) or participating in an investigation or proceeding conducted by the EEOC, although Executive hereby agrees that he is waiving any right he may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any such investigation or proceeding conducted by the EEOC. Executive also hereby agrees that nothing contained in this Agreement shall constitute or be treated as an admission of liability or wrongdoing by any of the ObligationsReleasees. d. Nothing in this Section 1 shall be deemed to release (i) Executive’s right to enforce the terms of this Agreement or the Employment Agreement, (ii) Executive’s rights, if any, to any vested benefits as of Executive’s last day of employment with the Company under the terms of an employee compensation or benefit plan, program or agreement in which Executive is a participant, including, without limitation any right with respect to any equity interests in the Company or its affiliates that the Executive may own, (iii) Executive’s rights to indemnification under any indemnification agreement he has with the Company or any other Releasee, under the Employment Agreement and/or under the Company’s or any Releasee’s charter or bylaws, or to whatever coverage Executive may have under the Company’s or any Releasee’s directors’ and officers’ insurance policy for acts and omissions when Executive was an officer or director of the Company or of any Releasee, or (iv) any claim that cannot be waived under applicable law, including any rights to workers’ compensation or unemployment insurance.

General Release. In consideration of, among other things, Except for the Noteholders’ execution rights and delivery obligations provided for under the terms of this First Amended Forbearance Agreement: (a) The Named Plaintiff and the Class Members, in consideration for the promises and covenants described in this Agreement, the Company and the Subsidiaries, on behalf of themselves themselves, their heirs, guardians, assigns, executors, administrators, predecessors, and/or successors, fully, finally and their successors forever release, relinquish, acquit, and assigns discharge the Defendant, and all of its past, present and future predecessors, successors, parents, subsidiaries, divisions, employees, affiliates, assigns, officers, directors, shareholders, representatives, attorneys, insurers and agents (collectively, the “ReleasorsDefendant Releasees”)) from – and shall not now or hereafter institute, hereby forever agree and covenant not to ▇▇▇ maintain, or prosecute against the Releasees (as defined below) and hereby forever waiveassert on their own behalf, release and discharge to the fullest extent permitted by lawon behalf of any Class, each Releasee from, or on behalf of any other person or entity – any and all claims (including, without limitation, crossclaims, counterclaims, rights manner of set-off and recoupment)claims, actions, causes of action, suits, rights, debts, accountssums of money, interestspayments, obligations, reckonings, contracts, agreements, executions, promises, damages, liens, promisesjudgments and demands of whatever kind, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses type or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kindwhatsoever, both at law and in equity, whether past, present or future, mature or not yet mature, known or unknown, whether now existing suspected or hereafter arisingunsuspected, contingent or noncontingent, whether arising at law based on federal, state, or in equitylocal law, against the Noteholders in any capacity and their affiliatesstatute, shareholders and “controlling persons” (within the meaning of the federal securities ordinance, regulation, code, contract, common law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company source, or any claim that Named Plaintiffs or the Subsidiaries; (ii) Class Members ever had, now have, may have, or hereafter can, shall or may ever have against the Defendant Releasees in any aspect of the dealings other court, tribunal, arbitration panel, commission, agency, or relationships between before any governmental and/or administrative body, or among the Company and the Subsidiariesany other adjudicatory body, on the one handbasis of, and the Noteholdersconnected with, on the other handarising from, or (iii) in any way whatsoever relating to the Indenture or any transactions contemplated thereby or any following acts or omissions in connection therewithduring the Class Period: (a) the assessment or amount of Overdraft Fees collected by the Defendant Releasee, provided(b) the assessment or amount of NSF Fees collected by the Defendant Releasee (c) the Defendant Releasee’s practices with respect to processing, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted withauthorization, and have been represented bypayment of debit card transactions, legal counsel (d) the Defendant Releasee’s practices with respect to processing and expressly disclaim any reliance on any representationspayment of ACH transactions or withdrawal requests, acts and (e) the claims alleged in the Litigation or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend arising from, directly or indirectly, or in any way on any such whatsoever pertaining or relating to the claims alleged in the Litigation, including, but not limited to, contracts, communications, disclosures, nondisclosures, representations, acts statements, claims, omissions by the Defendant Releasee; any claims for restitution or unjust enrichment for all damages of any kind relating to the assessment of Overdraft Fees and/or omissions or NSF Fees by the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive Released Parties during the expiration of the Forbearance Class Period and the termination claims alleged in the Litigation; any similar federal, state or local statutes, codes, damages, costs, expenses, extra-contractual damages, compensatory damages, exemplary damages, special damages, penalties, punitive damages and/or damage multipliers, disgorgement, expenses, interest, and/or attorneys’ fees and costs against the Defendant Releasee pertaining to or relating to the claims alleged in the Complaint in the Action relating to the assessment of this First Amended Forbearance Agreement overdraft fees by the Defendant Releasee during the Class Period and payment the claims alleged in full the Litigation, notwithstanding that Named Plaintiff and the Class Members acknowledge that they may hereafter discover facts in addition to or different from those that they now know or believe to be true concerning the subject matter of the ObligationsLitigation and/or the release herein. (b) Defendant releases all claims of any kind or nature that have been or could have been asserted against the Named Plaintiff, any Class Member, or Class Counsel relating to the claims in this lawsuit, or the filing or prosecution of any lawsuit relating to such claims.

General Release. In consideration of, among for CoActiv’s agreement to enter into this Agreement and for other thingsvaluable consideration, the Noteholders’ execution receipt and delivery sufficiency of this First Amended Forbearance Agreementwhich is hereby acknowledged, the Company and the SubsidiariesBorrowers, each, on behalf of themselves itself/himself/herself and their successors all of its/his/her present, past and assigns future parents, subsidiaries, affiliates, predecessors, successors, assigns, trustees, agents, attorneys, shareholders, directors, officers, members, partners, and employees all persons or entities claiming by, through, or under such any of them (collectively, the “Releasors”), does hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waiveunconditionally remise, release and forever discharge to the fullest extent permitted by lawCoActiv, each Releasee fromits present, any past and all claims (includingfuture parents, without limitationsubsidiaries, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)shareholders, and their respective successors and assigns and each and all of the partners, officers, directors, employees, agents, attorneys, advisorsdivisions, auditorspredecessors, consultants successors and other representative of each of the foregoing assigns (collectively, the “Releasees”)) from any and all manner of actions, based in whole causes of action, suits, claims, counterclaims, crossclaims, defenses and demands whatsoever, arising from any and all debts, demands, proceedings, agreements, contracts, judgments, damages, accounts, reckonings, executions, controversies, claims, liabilities, and facts whatsoever whether known or in part on facts unknown, whether contingent or fixed, liquidated or unliquidated, at law or at equity, if any, which the Borrowers and/or any other Releasors ever had, now has, and/or hereafter may have against the Releasees, for or by reason of any cause, matter or thing whatsoever arising from the beginning of the world through the date hereof, including, but not now known, existing on or before the Amended Forbearance Effective Date, that relate limited to, arise out of otherwise are in connection with (i) any aspect of all claims relating to the business, operations, assets, properties, affairs or any other aspect of loan transactions between the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company Borrowers and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsCoActiv.

General Release. In consideration ofEach of Assumptor, among other things▇▇▇▇▇ ▇▇▇▇▇, the Noteholders’ execution Master Tenant and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesNew Guarantor, on behalf of themselves itself, its members, managers and their partners, and any of its successors and assigns assigns, hereby: (collectivelya) fully and finally acquits, quitclaims, releases and forever discharges each of the Released Parties (the term “Releasors”)Released Parties” shall mean the Noteholder, hereby forever agree and covenant not to Situs Holdings, LLC, Hanover Street Capital, LLC, ▇▇▇▇▇ or prosecute against the Releasees Fargo, Citigroup Global Markets Realty Corp., a New York corporation MTGLQ, CGCMT, Special Situations. and each of their respective servicers, officers, directors, shareholders, members, managers, representatives, employees, agents and attorneys (in each case in their respective capacities as defined below) such), and hereby forever waivetheir respective predecessors, release successors and discharge to the fullest extent permitted by lawassigns), each Releasee fromof whom is an intended third party beneficiary hereof, of and from any and all claims (includingobligations, without limitationclaims, crossclaimsliabilities, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreementsdebts, bondsliens, billsdeficiencies or cause or causes of action of whatever kind and character, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders known or unknown, contingent or otherwise, whether asserted or unasserted, whether now known or hereafter discovered, arising out of or in any capacity and their affiliatesway related to or concerning, shareholders and “controlling persons” (within whether directly or indirectly, proximately or remotely, the meaning Loan, the Loan Documents, the Property, the transactions contemplated hereby, or any action or omission by any of the federal securities lawReleased Parties in connection with the Loan, the Loan Documents or the transactions contemplated hereby, which Assumptor, Master Tenant, ▇▇▇▇▇ ▇▇▇▇▇ and/or New Guarantor may have against any Released Party arising from any event occurring prior to the date hereof (whether in their own capacity or as assignee or transferee of any entity that was an Original Borrower or a Borrower before Assumptor’s assumption of the Loan), and their respective successors and assigns and each ; (b) waives any and all defenses to payment of the officersNote for any reason; and (c) waives any and all defenses, directors, employees, agents, attorneys, advisors, auditors, consultants and counterclaims or offsets to the Note or the other representative of each of the foregoing Loan Documents (collectively, the “ReleaseesReleased Claims”). It is understood and agreed by Assumptor, based ▇▇▇▇▇ ▇▇▇▇▇, Master Tenant and/or New Guarantor that the claims released hereunder include all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, arising out of or related to any and all of the matters referred to in whole the immediately preceding paragraph, notwithstanding any limitations on such a release under any applicable law. Assumptor, Master Tenant, ▇▇▇▇▇ ▇▇▇▇▇ and New Guarantor each acknowledge that there is a risk that subsequent to the execution of this Agreement, it may discover, incur, or suffer from claims which were unknown or unanticipated at the time this Agreement is executed, including, without limitation, unknown or unanticipated claims which, if known by it on the date this Agreement is being executed, may have materially affected Assumptor’s, ▇▇▇▇▇ ▇▇▇▇▇’▇, Master Tenant’s and/or New Guarantor’s decision to execute this Agreement. Assumptor, ▇▇▇▇▇ ▇▇▇▇▇, Master Tenant and New Guarantor each acknowledge that it is assuming the risk of such unknown and unanticipated claims and agrees that this Agreement applies thereto. Assumptor, ▇▇▇▇▇ ▇▇▇▇▇, Master Tenant and New Guarantor each waive the provisions of any applicable law which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Assumptor, ▇▇▇▇▇ ▇▇▇▇▇, Master Tenant and New Guarantor each acknowledge that it may hereafter discover facts different from, or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate addition to, arise out of otherwise are in connection those which it now knows or believes to be true with (i) any aspect of respect to the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one handclaims released hereunder, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, agrees that the foregoing release shall not release be and remain effective in all respects notwithstanding such different or additional facts or the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted withdiscovery thereof, and have been represented by, legal counsel and expressly disclaim waives application of any reliance applicable law including any limitation on any representations, acts or omissions by any of such a release with respect to the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationsclaims released hereunder.

General Release. In consideration ofContingent upon the occurrence of and effective as of the Closing, among other things, the Noteholders’ execution (a) each of TVG and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiaries, on behalf of themselves and their successors and assigns (collectively, the “Releasors”), hereby forever agree and covenant WGSB agrees not to ▇▇▇ or prosecute against and fully releases and discharges the Releasees Company, WXL, WXBV and CTS, including, without limitation, their respective directors, officers, employees, shareholders, representatives, agents, assigns and successors, past and present (as defined below) collectively, the "CTS RELEASEES"), with respect to and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims claims, issuances of the Company's stock, notes or other securities, any demands, rights, liens, agreements, contracts (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupmentthe Company Subscription Agreement and/or the Company Shareholders' Deed), covenants, actions, suits, causes of action, suitsobligations, debts, accountscosts, interestsexpenses, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsorders and liabilities of whatever kind or nature in law, costsequity or otherwise, expenses whether now known or claims whatsoever unknown, and whether or not concealed or hidden, all of which each of TVG and/or WGSB now owns or holds or has at any time owned or held against the CTS Releasees; and (b) each of WXBV, CTS, WXL and the Company agrees not to ▇▇▇ and fully releases and discharges TVG and WGSB, including, without limitation, its directors, officers, employees, shareholders, representatives, agents, assigns and successors, past and present (collectively, the “Claims”"TVG RELEASEES"), that such Releasor now has with respect to and from any and all claims, issuances of the Company's stock, notes or hereafter may haveother securities, any demands, rights, liens, agreements, contracts (including, without limitation, the Company Subscription Agreement and/or the Company Shareholders' Deed), covenants, actions, suits, causes of whatsoever action, obligations, debts, costs, expenses, damages, judgments, orders and liabilities of whatever kind or nature and kindin law, equity or otherwise, whether now known or unknown, and whether or not concealed or hidden, all of which WXBV, CTS, WXL and/or the Company now existing owns or hereafter arising, whether arising holds or has at law any time owned or in equity, held against the Noteholders in any capacity TVG Releasees. It is the intention of WXBV, CTS, WXL, WGSB, TVG and their affiliatesthe Company that the foregoing releases be effective as a bar to each and every claim, shareholders demand and “controlling persons” (within cause of action hereinabove specified. In furtherance of this intention, each of WXBV, CTS, WXL, WBSG, TVG and the meaning Company hereby expressly waives, effective as of the federal securities law)Closing Date, any and their respective successors all rights and assigns benefits conferred upon each such party by the provisions of Section 1542 of the California Civil Code and expressly consents that this release shall be given full force and effect according to each and all of the officersits express terms and provisions, directorsincluding as well, employeesthose related to unknown and unsuspected claims, agentsdemands and causes of action, attorneysif any, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or as those relating to any other aspect claims, demands and causes of action hereinabove specified, but only to the Company extent such section is applicable to releases such as this. Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the Subsidiaries; (ii) any aspect time of executing the dealings or relationships between or among release, which if known by him must have materially affected his settlement with the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions debtor." Nothing in connection therewith, provided, however, that the foregoing this SECTION 6.2 shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on affect any such representationsrights that any party hereto may have against any other party under this Agreement, acts and/or omissions or the accuracyincluding, completeness or validity hereof. The provisions without limitation, any right of indemnification pursuant to this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsAgreement.

General Release. In consideration ofExcept with respect to the matters, among other thingsrights and obligations specified in subsection 10.12B hereof, the Noteholders’ execution Company, for itself and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiaries, on behalf of themselves its parent, subsidiary and affiliate corporations, past or present, and each of them, as well as each of their respective directors, officers, agents, servants, shareholders, representatives, attorneys, administrators, executors, heirs, assigns, predecessors and successors in interest, and assigns each of them (collectively, the “"Releasors”), ") hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and forever discharge to the fullest extent permitted by lawLenders and each of their respective parents, subsidiaries and affiliates, past or present, and each Releasee fromof them, any as well as each of their directors, officers, agents, servants, employees, representatives, shareholders, attorneys, administrators, executors, predecessors and successors in interest, heirs and assigns, and all claims (includingother persons, without limitationfirms or corporations with whom any of the former have been, crossclaimsare now, counterclaimsor may hereafter be affiliated, rights and each of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever them (collectively, the “Claims”"Releasees"), that such Releasor now has from and against any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action in law or hereafter may haveequity, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities of whatsoever whatever kind or nature and kindin law, equity or otherwise, whether known or unknown, whether now existing fixed or hereafter arisingcontingent, whether arising at law suspected or in equity, against unsuspected by the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)Releasors, and their respective successors and assigns and each and all of the officerswhether concealed or hidden, directorswhich Releasors now own or hold or have at any time heretofore owned or held, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), which are based in whole upon or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are or in connection with any matter, cause or thing existing at any time prior to the date hereof or anything done, omitted or suffered to be done or omitted at any time prior to the date hereof, which relate in any way to (i) any aspect of the businessExisting Credit Agreement and the other Loan Documents (as defined in the Existing Credit Agreement), operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company this Agreement and the Subsidiaries, on the one handother Loan Documents, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions occurring in connection therewith, provided, however, that with either of the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreementlending relationship established thereby, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any irrespective of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on whether any such representationsmatter, acts and/or omissions cause or thing, or action done, omitted or suffered to be done was authorized, permitted or prohibited by the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive documents and agreements described in the expiration of preceding clauses (i) and (ii) (collectively the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations"Released Matters").

General Release. In consideration of, among other thingsFor valuable consideration, the Noteholders’ execution receipt and delivery adequacy of this First Amended Forbearance which are hereby acknowledged, which are set forth in that certain Employment Agreement, dated July 17, 2007 (the Company “Employment Agreement”) between Full House Resorts, Inc. (the “Company”) and ▇▇▇▇ ▇▇▇▇▇▇ (“Executive”), the SubsidiariesCompany, on behalf of themselves for itself and their for (a) its subsidiaries, related and affiliated companies, (b) its predecessors, successors and assigns (collectivelyc) its current and past officers and directors, and (d) its agents and employees, and in each case does hereby release and forever discharge the “Releasors”)Releasees” hereunder, hereby forever agree consisting of Executive and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) his heirs and hereby forever waiveassigns, release of and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights manner of set-off and recoupment), action or actions, cause or causes of action, in law or in equity, suits, debts, accountsliens, interestscontracts, liensagreements, promises, warrantiesliability, damages and consequential and punitive damagesclaims, demands, agreementsdamages, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionslosses, costs, expenses attorneys’ fees or claims whatsoever expenses, of any nature whatsoever, known or unknown, fixed or contingent (collectively, the hereinafter called “Claims”), that such Releasor which the Company or any of its subsidiaries, related and affiliated companies, predecessors, successors, assigns, current and past officers and directors, agents and employees now has have or may hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, have against the Noteholders in Releasees, or any capacity and their affiliatesof them, shareholders and “controlling persons” (within by reason of any matter, cause, or thing whatsoever from the meaning beginning of time to the federal securities law)date hereof. Notwithstanding the foregoing, and their respective successors and assigns and each and all of this General Release shall not operate to release any Claims which the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole undersigned may have relating to or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise arising out of otherwise are in connection with (i) any aspect of the businessExecutive’s intentional, operations, assets, properties, affairs willful or any other aspect of the Company reckless misconduct or the Subsidiaries; (ii) Executive’s fraud or breach of fiduciary duty (the “Unreleased Claims”). The Company represents and warrants that there has been no assignment or other transfer of any aspect of interest in any Claim (other than Unreleased Claims) which it may have against the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other handReleasees, or (iii) the Indenture any of them. The Company agrees that if it or any transactions contemplated thereby of its subsidiaries, related and affiliated companies, predecessors, successors, assigns, current and past officers and directors, agents and employees hereafter commences any suit arising out of, based upon, or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by relating to any of the Releasees and Claims released hereunder or in any manner asserts against Releasees, or any of them, any of the Claims released hereunder, then the Company agrees to pay to Releasees, and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness each of the releases set forth herein do not depend them, in addition to any way on any such representationsother damages caused to Releasees thereby, acts and/or omissions all reasonable attorneys’ fees incurred by Releasees in defending or the accuracy, completeness otherwise responding to said suit or validity hereofClaim. The provisions Company further understands and agrees that neither the payment of any sum of money nor the execution of this Section 4 Release shall survive constitute or be construed as an admission of any liability whatsoever by the expiration Releasees, or any of them, who have consistently taken the Forbearance Period and position that they have no liability whatsoever to the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsCompany.

General Release. In consideration of, among other thingsIN CONSIDERATION OF good and valuable consideration, the Noteholders’ execution receipt of which is hereby acknowledged, and delivery in consideration of this First Amended Forbearance the terms and conditions contained in the Employment Agreement, effective as of July 31, 2015 (the “Agreement”), by and between T▇▇▇ ▇. ▇▇▇▇ (the “Executive”) and Lakeland Industries, Inc. (the “Company”), the Executive on behalf of himself and his heirs, executors, administrators, assigns, attorneys, successors, and assigns, knowingly and voluntarily, hereby waives, remits, releases and forever discharges the Company and the Subsidiariesits past, on behalf of themselves present and future subsidiaries, divisions, affiliates and parents, and their successors respective current and former officers, directors, stockholders, employees, agents, attorneys, lenders, and/or owners, and their respective successors, and assigns and any other person or entity claimed to be jointly or severally liable with the Company or any of the aforementioned persons or entities, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively, the “ReleasorsReleased Parties”), hereby forever agree ) of and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights manner of set-off actions and recoupment), actions, causes of action, suits, debts, dues, accounts, interestsbonds, lienscovenants, promisescontracts, warrantiesagreements, damages and consequential and punitive judgments, charges, claims, complaints, damages, demands, agreementsand obligations of any other nature whatsoever, bondspast or present, billsknown or unknown (“Losses”) which the Executive and his heirs, specialtiesexecutors, covenantsadministrators, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may and assigns have, of whatsoever nature and kindhad, whether known or unknown, whether now existing or may hereafter arising, whether arising at law or in equityhave, against the Noteholders in Released Parties or any capacity and their affiliatesof them arising out of or by reason of any cause, shareholders and “controlling persons” (within matter, or thing whatsoever from the meaning beginning of the federal securities law)world to the date hereof, and their respective successors and assigns and each and all of relating to the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among Executive’s employment by the Company and the Subsidiaries, on the one handcessation thereof, and the Noteholdersany and all matters arising under any federal, on the other handstate, or local statute, rule, or regulation, or principle of contract law or common law relating to the Executive’s employment by the Company and the cessation thereof, including, but not limited to, the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. §§ 2601 et seq., Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000 et seq., the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq. (iii) the Indenture “ADEA”), the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101 et seq., the Worker Adjustment and Retraining Notification Act of 1988, as amended, 29 U.S.C. §§2101 et seq., the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq., the New York State and New York City Human Rights Laws, the New York Labor Laws, and any other equivalent or similar federal, state, or local statute, and any transactions contemplated thereby claim for or any acts obligation to pay for attorneys’ fees, costs, fees, or omissions in connection therewith, other expenses; provided, however, that the foregoing shall Executive does not release or discharge the Noteholders Released Parties from their express obligations (i) any rights to any payments, benefits or reimbursements due to the Executive under the Agreement; or (ii) any rights to any vested benefits due to the Executive under any employee benefit plans sponsored or maintained by the Company. It is understood that nothing in this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance general release is to be construed as an admission on any representations, acts or omissions by any behalf of the Releasees and Released Parties of any wrongdoing with respect to the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on Executive, any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationswrongdoing being expressly denied.

General Release. In consideration of, among of the Severance and other thingspromises made herein, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesEmployee, on behalf of themselves himself, his heirs, successors, executors, attorneys, administrators, agents and assigns (collectively, the “Releasing Parties”) voluntarily and of the Employee’s own free will, hereby releases, forever discharges and holds harmless, the Employer, and all of its past, present and future subsidiaries, affiliates and parent companies, and each of their respective past, present and future officers, members, directors, trustees, insurers, employees, agents, consultants, benefit plans, fiduciaries, administrators, owners, boards, trustees, shareholders, partners, parents, subsidiaries, affiliates, related entities, representatives, and attorneys, and each of their predecessors, successors and assigns (collectively, the “ReleasorsReleased Parties”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingclaims, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actionsrights, causes of action, suitsdemands, liabilities, debts, accountsactions, interestscharges, lienscomplaints, obligations, costs, expenses, attorneys’ fees, damages, injuries, losses, penalties, agreements, interest, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsaccounts, costsand other legal responsibilities arising in law, expenses equity or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may haveotherwise, of whatsoever any and every kind, nature and kindcharacter whatsoever, whether known or unknown, whether unforeseen, unanticipated, unsuspected or latent, which any of the Releasing Parties now existing own or hereafter arisinghold, whether or have at any time heretofore owned or held, or may at any time own or hold by reason of any matter arising at from any act, event or omission which has occurred up through the date the Employee executes this Agreement. Without limiting the generality of the foregoing, this general release includes, but is not limited to, claims arising out of, connected with, or relating to: · The Employee’s employment and/or the end of employment with any of the Released Parties; · Any act or omission by or on the part of any of the Released Parties; · Any claims for personal injury, breach of any implied or express contract or covenant, or promissory estoppel; · Any claims for failure to pay wages, benefits, vacation pay, severance pay, attorneys’ fees, or any compensation of any sort; · Any claims for failure to grant equity or allow equity to vest; · Any claims for wrongful termination, public policy violations, defamation, interference with contract or prospective economic advantage, invasion of privacy, fraud, misrepresentation, emotional distress, breach of fiduciary duty, breach of the duty of loyalty or other common law or in equitytort causes of action; · Any claims of harassment, against the Noteholders in any capacity and their affiliatesretaliation or discrimination based upon race, shareholders and “controlling persons” (within the meaning of the federal securities law)color, and their respective successors and assigns and each and all of the officerssex, directorsnational origin, employeesancestry, agentsage, attorneysdisability, advisorshandicap, auditorsmedical condition, consultants and other representative of each of the foregoing (collectivelyreligion, the “Releasees”)marital status, based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect protected class or status under federal, state, or local law; · Any claims arising under or relating to employment or employment contracts, including but not limited to, the Employment Agreement; · Any claims for unlawful effort to prevent employment, or unfair or unlawful business practices, including without limitation all claims arising under Section 806 of the Company employee protection provisions of the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002; · The ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act of 2010; · Title VII of the Civil Rights Act of 1964; · The Civil Rights Act of 1991, the Civil Rights Acts of 1866 and/or 1871; · The Americans With Disabilities Act of 1990; · The Age Discrimination in Employment Act and the Older Workers Benefits Protection Act; · The Family Medical Leave Act; · The California Business and Professions Code; · The California Labor Code, including without limitation section 1102.5 of the Labor Code; · IWC Wage Orders; · California Equal Pay Law; · The Fair labor Standards Act; · The Workers Adjustment and Retraining Notification Act; · The California Fair Employment and Housing Act; · The Occupational Safety and Health Act or any other health/safety laws, statutes or regulations; · The Employee Retirement Income Security Act of 1974; · The Internal Revenue Code; · The California Family Rights Act; · Any amendments to or regulations promulgated under the Subsidiariesabove listed statutes and including the similar laws of any other states, any state human rights act, or any other applicable federal, state or local employment statute, law or ordinance. Notwithstanding the foregoing, none of the waivers and releases anywhere in this Agreement shall waive, release, or limit in any way: (a) the Employee’s rights and claims not subject to waiver by private agreement; (iib) the Employee’s claim for unemployment insurance; (c) the Employee’s rights and claims that cannot be waived as a matter of law; (d) any aspect right of the dealings Employee to indemnification for service to the Employer in an officer or relationships between director capacity, including his rights under any Directors and Officers Insurance policy obtained by the Employer; or among (e) the Company and parties’ rights to enforce this Agreement. To the Subsidiariesmaximum extent permitted by law, on the one handEmployee agrees not to initiate, and the Noteholdersfile, on the other handcause to be filed, or otherwise pursue any claims, either as an individual on his own behalf or as a representative, member or shareholder in a class, collective or derivative action. The Employee acknowledges that this Agreement does not prohibit the Employee from challenging the validity of the waiver of his claims under the ADEA as contained in Section 6 of this Agreement (iiibut no other portion of such waiver) the Indenture or any transactions contemplated thereby from filing a charge with or any acts participating in an investigation by a governmental administrative agency or omissions in connection therewith, reporting alleged violations of law to an appropriate government agency; provided, however, that, except with respect to the Securities and Exchange Commission, the Employee hereby waives any right to receive any monetary award resulting from such a charge or investigation and provided further that the foregoing shall Employee agrees not release to encourage any person, including any current or former employee of the Noteholders from their express obligations under this First Amended Forbearance AgreementEmployer, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim to file any reliance on any representations, acts or omissions by kind of claim whatsoever against any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsReleased Parties.

General Release. In consideration of, among other thingsFor good and valuable consideration, the Noteholders’ execution receipt and delivery sufficiency of this First Amended Forbearance Agreementwhich are hereby acknowledged, each Seller, for: (i) itself, (ii) any parent or Subsidiary thereof, and (iii) the Company and the Subsidiariesrespective partners, on behalf of themselves and their officers, directors, shareholders, successors and assigns of all of the foregoing persons and entities, (collectively, a) reaffirms the “Releasors”), hereby forever agree Repurchase Agreement and covenant not the other Transaction Documents and acknowledges that the security interests granted to ▇▇▇ or prosecute against Buyer in the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims Repurchase Agreement (including, without limitation, crossclaimsthe security interest granted to Buyer in the event that any court or other forum re-characterizes any Transaction under the Repurchase Agreement as a loan) are continuing and in full force and effect in favor of Buyer; (b) acknowledges that (i) as of the date hereof, counterclaimsthe aggregate Repurchase Price of all Purchased Assets is $[____] and (ii) all amounts owing under the Repurchase Agreement and the other Transaction Documents shall be due and payable on the applicable date provided for therein; (c) hereby releases and forever discharges Buyer and each of its subsidiaries, rights affiliates, its past, present and future officers, directors, agents, employees, partners, managers, shareholders, servants, attorneys and representatives, as well as their, successors, assigns, their respective heirs, legal representatives, legatees, predecessors-in-interest, successors and assigns, of set-off and recoupment)from any and all actions, actionsclaims, demands, damages, debts, suits, contracts, agreements, losses, liabilities, indebtedness, causes of actionaction either at law or in equity, suits, debtsobligations of whatever kind or nature, accounts, interestsdefenses, liens, promises, warranties, damages and consequential offsets against liabilities and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kindobligations, whether known or unknown, whether direct or indirect, new or existing, by reason of any matter, cause or thing whatsoever occurring on or prior to the date hereof arising out of or relating to any matter or thing whatever, including without limitation, such claims and defenses as fraud, misrepresentation, breach of duty, mistake, duress, usury, claims pertaining to so-called “lender liability,” and claims pertaining to creditor’s rights, which such party ever had, now existing has, or might hereafter arising, whether arising at law or in equity, have against the Noteholders in other, jointly or severally, for or by reason of any capacity matter, act, omission, cause or thing whatsoever occurring, on or prior to the date of this Joinder and their affiliatesAmendment, shareholders and “controlling persons” (within the meaning of the federal securities law)that is related to, and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether part, directly or not now knownindirectly, existing on or before the Amended Forbearance Effective DateTransactions, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Repurchase Agreement, the IndentureTransaction Documents and this Joinder and Amendment; and (d) warrants, represents and acknowledges that it has no defenses to the payment of, nor any right to set off against, all or any of the JPMCF Repurchase Obligations set forth in the Transaction Documents, nor any counterclaims or other rights of action against Buyer of any kind whatsoever, including, without limitation, any right to contest any of the following: the enforceability, applicability or validity of any provisions of the Transaction Documents, Buyer’s right to all proceeds of the Scheduled Assets, the Intercreditor Agreement existence, validity, enforceability, or perfection of any security interest or mortgage in favor of Buyer, the conduct of Buyer in administering the Transaction Documents and any legal fees and expenses incurred by the Collateral Agreements. In entering into this First Amended Forbearance Buyer under the Repurchase Agreement, the Company other Transaction Documents or this Joinder and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsAmendment.

General Release. In consideration of, among other things, the NoteholdersAdministrative Agent’s and the Lenders’ execution and delivery of this First Amended Forbearance AgreementAmendment, each of the Company Borrowers and the Subsidiariesother Loan Parties, on behalf of themselves and their agents, representatives, officers, directors, advisors, employees, Subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree agrees and covenant covenants not to ▇▇▇ or prosecute against the Releasees any Releasee (as defined belowhereinafter defined) and hereby forever waivewaives, release releases and discharge discharges, to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders Administrative Agent, any Lender, any ​ Issuing Bank and any other Secured Party (the “Lender Parties”) in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), in each case, based in whole or in part on facts facts, whether or not now known, existing on or which occurred before the Amended Forbearance Effective Datedate hereof, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the businessLoan Documents or transactions contemplated thereby, operations, assets, properties, affairs or any other aspect of actions or omissions in connection therewith, in each case prior to the Company or the Subsidiaries; date hereof, and (ii) any aspect of the dealings or relationships between or among the Company Borrowers and the Subsidiariesother Loan Parties, on the one hand, and any or all of the NoteholdersLender Parties, on the other hand, relating to any or (iii) all of the Indenture or any transactions contemplated thereby or any acts documents, transactions, actions or omissions referenced in connection therewithclause (i) hereof, providedin each case, however, that prior to the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate hereof. In entering into this First Amended Forbearance AgreementAmendment, the Company Borrowers and the Subsidiaries each other Loan Party consulted with, and have has been represented by, legal counsel and expressly disclaim disclaims any reliance on any representations, acts or omissions by any of the Releasees and the Company hereby agrees and the Subsidiaries hereby agree and acknowledge acknowledges that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. For the avoidance of doubt, nothing in this Section 13 shall be construed to release any claim, action or cause of action which any Releasor may have arising out of this Amendment or the transactions contemplated hereby or with respect to any actions or events occurring on or after the date hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement Amendment, the Credit Agreement, the other Loan Documents and payment in full of the Obligations.. ​ ​

General Release. a. In consideration ofof the Separation Benefits set forth in Section 4 above, among other thingsyou on behalf of yourself, the Noteholders’ execution your heirs, any spouse, executor, assigns, administrators, representatives, and delivery of this First Amended Forbearance Agreementagents , hereby release and forever discharge the Company and each of its respective past, present and future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, subsidiaries, parent companies, affiliates, related entities, assigns, predecessors and successors in interest, as well as each of their past, present and future employees, officers, directors, members, agents, trustees, administrators, representatives, owners, shareholders, partners, insurers, fiduciaries, attorneys, subsidiaries, parent companies, affiliates, related entities, assigns, predecessors and successors in interest, jointly and severally, (referred to collectively hereafter as the Subsidiaries, on behalf of themselves and their successors and assigns (collectively, the “Releasors”"Releasees"), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingliabilities, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actionsclaims, causes of action, suitscharges, debtscomplaints, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsobligations, costs, expenses or claims whatsoever (collectivelylosses, the “Claims”)damages, that such Releasor now has or hereafter may haveinjuries, penalties, interest, attorneys’ fees, and other legal responsibilities, of whatsoever nature and kindany form whatsoever, whether known or unknown, unforeseen, unanticipated, unsuspected or latent (referred to collectively hereafter as "Claim" or "Claims"), of whatever kind and nature, whether now existing known or hereafter arisingunknown, whether arising which you have at law any time owned or in equityheld up to and including the date you sign this Agreement including, against and without limiting the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning generality of the federal securities law)foregoing, and their respective successors and assigns and each any and all Claims arising out of, connected with, or relating to: (a) your employment or termination of employment with the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing Company; (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (ib) any aspect of the business, operations, assets, properties, affairs act or any other aspect of the Company omission by or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by part of any of the Releasees occurring from the beginning of time up through and including your execution of this Agreement; (c) any Claim for violation of any federal, state or local law or regulation prohibiting discrimination, failure to prevent discrimination, harassment or retaliation of any kind; (d) Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990, as amended; the Genetic Information and Discrimination Act; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended by the Older Workers’ Benefit Protection Act of 1990 (“OWBPA”); the Rehabilitation Act of 1973, as amended; the National Labor Relations Act, as amended; the Labor-Management Relations Act, as amended; the Family and Medical Leave Act; the Employee Retirement Income Security Act; the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Fair Pay Act; the Pregnancy Discrimination Act; the Occupational Safety and Health Act; the Federal Worker Adjustment and Retraining Notification Act; the Fair Labor Standards Act (including the Equal Pay Act) or the Consolidated Omnibus Budget Reconciliation Act (COBRA), as amended; the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002; the California Worker Adjustment and Retraining Notification Act; the California Business & Professions Code; the California Family Rights Act; the California Labor Code; the California Industrial Welfare Commission Wage Orders; the California Fair Employment and Housing Act; the California and United States Constitutions; the Washington Industrial Welfare Act; the Washington Law Against Discrimination; any Washington leave laws; the Washington Minimum Wage Requirements and Labor Standards Act; Title 49 of the Revised Code of Washington; the Washington Equal Pay Opportunity Act; the Washington Fair Chance Act; and any local ordinance or federal or state statute, regulation or constitution; and (e) any Claim for attorneys' fees, penalties, interest, costs or expenses. If any claim is not subject to release, to the extent permitted by law, you waive any right or ability to be a class or collective action representative or to otherwise participate or recover any damages, injunctive, declaratory, monetary, or other relief, in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which the Company or any of the other Released Parties is a party. You represent that you are not an “aggrieved employee” for any purpose including under the California Private Attorneys’ General Act (“PAGA”), and therefore the Subsidiaries hereby agree Company is not liable for any penalties pursuant to PAGA for any conduct arising during or out of your employment with the Company. b. The General Release in Section 6(a) of this Agreement is intended to be a full and final release covering all suspected, unknown, undisclosed and unanticipated Claims which may have arisen, or may arise, from any act or omission prior to the date that you sign this Agreement, and which arise out of or are related, directly or indirectly, to the dealings between the Parties to this Agreement, or any matters described above. If you later discover facts different from or in addition to those facts you currently know or believe to be true, this Agreement, the waivers and releases will nevertheless remain effective in all respects. You and on behalf of anyone or any entity claiming through you, waive any and all rights or benefits which you may now have, or in the future may have, under the terms of Cal. Civ. Code § 1542 which provides as follows: Notwithstanding the provisions of § 1542, and for the purpose of implementing a full and complete release and discharge, you expressly acknowledge that the validity (i) this Agreement is intended to and effectiveness does include in its effect, without limitation, all Claims you do not know or suspect to exist in your favor against any of the releases set forth herein do not depend in any way on any Releasees, up to and including the date you sign this Agreement, and (ii) this Agreement expressly contemplates the extinguishment of such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsClaims.

General Release. In a. Notwithstanding anything contained herein to the contrary, effective as of the Closing, in consideration ofof the mutual agreements contained herein, among other thingsincluding the Purchase Price to be received by Seller, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesSeller, on behalf of themselves itself and their each of its past, present and future Affiliates, firms, corporations, limited liability companies, partnerships, trusts, associations, organizations, Representatives, investors, stockholders, members, partners, trustees, principals, consultants, contractors, family members, heirs, executors, administrators, predecessors, successors and assigns (each, a “Releasing Party” and, collectively, the “Releasing Parties”), hereby absolutely, unconditionally and irrevocably releases, acquits and forever discharges Buyer, its former, present and future Affiliates, parent and subsidiary companies, joint ventures, predecessors, successors and assigns, and their respective former, present and future Representatives, investors, stockholders, members, partners, insurers and indemnitees (collectively, the “ReleasorsReleased Parties”), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release the Business and discharge to the fullest extent permitted by law, each Releasee from, Transferred Assets of and from any and all claims (includingmanner of action or inaction, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, cause or causes of action, suitsProceedings, debtsLiens, accounts, interests, liensContracts, promises, warrantiesLiabilities, damages and consequential and Damages (whether for compensatory, special, incidental or punitive damagesDamages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses equitable relief or claims whatsoever (collectively, the “Claims”otherwise), that such Releasor now has losses, fees, costs or hereafter may haveexpenses, of whatsoever any kind or nature and kindwhatsoever, past, present or future, at law, in equity or otherwise (including with respect to conduct which is negligent, grossly negligent, willful, intentional, with or without malice, or a breach of any duty, Law or rule), whether known or unknown, whether now existing fixed or hereafter arisingcontingent, whether concealed or hidden, whether disclosed or undisclosed, whether liquidated or unliquidated, whether foreseeable or unforeseeable, whether anticipated or unanticipated, whether suspected or unsuspected, which such Releasing Parties, or any of them, ever have had or ever in the future may have against the Released Parties, or any of them, the Business or the Transferred Assets for, upon or by reason of any act, event, omission, matter or cause arising from or related to the Business, in each case arising at law any time at or in equity, against prior to the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” Closing (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “ReleaseesReleased Claims”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing release shall not release release, impair or diminish, and the Noteholders from their express obligations term “Released Claims” shall not include, in any respect any rights of Seller under this First Amended Forbearance Agreement or any Ancillary Agreement. b. Without limiting the generality of Section 6.2(a), with respect to the IndentureReleased Claims, Seller, on behalf of itself and each Releasing Party, hereby expressly waives all rights under any Law or common law principle in any applicable jurisdiction prohibiting or restricting the Intercreditor Agreement and the Collateral Agreementswaiver of unknown claims. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted withNotwithstanding any such Law or common law principle in any applicable jurisdiction, and have been represented byfor the purpose of implementing a full and complete release and discharge of the Released Parties, legal counsel Seller, on behalf of itself and each Releasing Party, expressly disclaim acknowledges that the foregoing release is intended to include in its effect all claims which Seller or any reliance on any representationsReleasing Party does not know or suspect to exist in his, acts her or omissions by its favor against any of the Releasees Released Parties (including unknown and the Company contingent claims), and the Subsidiaries hereby agree and acknowledge that the validity foregoing release expressly contemplates the extinguishment of all such claims (except to the extent expressly set forth herein. 4826-7940-7793v12/101501-0066 c. Seller, on behalf of itself and effectiveness each Releasing Party, acknowledges that it may hereafter discover facts in addition to or different from those which it now knows or believes to be true with respect to the subject matter of the releases set forth herein do Released Claims, but Seller, on behalf of itself and each Releasing Party, intends to and, by operation of this Agreement shall have, fully, finally and forever settled and released any and all Released Claims without regard to the subsequent discovery of existence of such different or additional facts. d. Seller, on behalf of itself and each Releasing Party, represents, warrants, covenants and agrees that such Releasing Party has not depend in and will not assign or transfer any way Released Claim or possible Released Claim against any Released Party. Seller, on behalf of itself and each Releasing Party, agrees to indemnify and hold the Released Parties harmless from any Liabilities, Damages, costs, expenses and attorneys’ fees arising as a result of any such representationsassignment or transfer. e. Seller, acts and/or omissions on behalf of itself and each Releasing Party, covenants and agrees not to, and agrees to cause its Affiliates not to, whether in his, her or its own capacity, as successor, by reason of assignment or otherwise, assert, commence, institute or join in, or assist or encourage any third party in asserting, commencing, instituting or joining in, any Proceeding of any kind whatsoever, in law or equity, in each case against the accuracyReleased Parties, completeness or validity hereofany of them, with respect to any Released Claims. The provisions Seller acknowledges that the foregoing release was separately bargained for and is a key element of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsAgreement.

General Release. In consideration of, among other things, the NoteholdersPurchasers’ and the Collateral Agent’s execution and delivery of this First Amended Forbearance AgreementAmendment, the Company and the Subsidiarieseach other Loan Party, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree agrees and covenant covenants not to ▇▇▇ sue or prosecute against the Releasees any Releasee (as defined belowhereinafter defined) and hereby forever waivewaives, release releases and discharge discharges, to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders Collateral Agent and Purchasers in any capacity and their affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance Effective Datedate hereof, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the business, operations, assets, properties, affairs Note Documents or transactions contemplated thereby or any other aspect of the Company actions or the Subsidiaries; omissions in connection therewith, (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiariesother Loan Parties, on the one hand, and the NoteholdersCollateral Agent and/or the Purchasers, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof, or (iii) any aspect of the Indenture dealings or relationships between or among any or all of the Loan Parties, on the one hand, and the Purchasers and/or the Collateral Agent, on the other hand, but only to the extent such dealings or relationships relate to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by the Company or any transactions contemplated thereby other Loan Party of the proceeds of any Notes or any acts or omissions in connection therewithother financial accommodations made by the Collateral Agent and the Purchasers after the date hereof shall constitute a ratification, providedadoption, however, that and confirmation by such party of the foregoing shall general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not release now known or unknown, existing on or prior to the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate of receipt of any such proceeds or other financial accommodations. In entering into this First Amended Forbearance AgreementAmendment, the Company and the Subsidiaries each other Loan Party consulted with, and have has been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofthereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement Amendment, the Note Purchase Agreement, the other Note Documents and payment in full of the Obligations.

General Release. In For and in consideration ofof the benefits received by ALTERRA HEALTHCARE CORPORATION, among other thingsa Delaware corporation, by virtue of that certain Purchase Agreement between Elderly Living IX, Limited Partnership, a Nevada limited partnership ("Holding Co."), and Alterra Healthcare Corporation ("Alterra") dated as of December 27, 2002 (the "Purchase Agreement"), the Noteholders’ execution receipt and delivery sufficiency of this First Amended Forbearance all such consideration being hereby acknowledged, and as a material inducement to Alterra to enter into the Purchase Agreement and expressly excluding any claim arising out of or under the Purchase Agreement, Alterra, together with its successors, transferees, assigns, subsidiaries, beneficiaries, agents, employees and representatives (such persons, the "Alterra Related Parties"), individually and collectively, irrevocably and unconditionally releases, acquits, and forever discharges each of Holding Co. and each of the general and limited partners of Holding Company and the Subsidiaries, on behalf of themselves and their successors and assigns (collectively, the “Releasors”"Investors"), hereby forever agree together with each of their respective past or present predecessors, successors, assigns, agents, officers, directors, partners, employees, representatives, attorneys, associates, owners, stockholders, divisions, subsidiaries and covenant not to ▇▇▇ affiliates (and agents, officers, directors, partners, employees, representatives, attorneys, associates, owners, and stockholders of such divisions, subsidiaries and affiliates), insurance carriers, bonding companies, and all persons acting by, through, under or prosecute against in concert with them or any of them (such persons, the Releasees (as defined below) and hereby forever waive"EL Related Parties"), release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingmanner of charges, without limitationcomplaints, crossclaimsclaims, counterclaimsliabilities, rights of set-off and recoupment)obligations, promises, agreements, contracts, debts, liens, controversies, damages, actions, causes of action, suits, debtsaffirmative defenses, accountsoffsets, interestsappeals, lienspetitions, promises, warranties, damages and consequential and punitive damagesrights, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, losses, claims for restitution, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether legal, equitable or claims whatsoever ethical, fixed or contingent, known or unknown (collectively, the “"Claims”"), that such Releasor now has which any of Alterra or hereafter may the Alterra Related Parties has, owns, or holds, or claims to have, own, or hold, or which any of whatsoever nature Alterra or the Alterra Related Parties at any time heretofore had, owned, or held, or claimed to have had, owned, or held, including, without limitation, any claims arising out of or related to any dealings prior to and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against through the Noteholders in date hereof between any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectivelyHolding Co., the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company Investors and the SubsidiariesEL Related Parties, on the one hand, and Alterra and the NoteholdersAlterra Related Parties, on the other hand, the validity of any and all such Claims being denied by Holding Co. and the Investors. Alterra hereby represents and warrants to each of Holding Co. and the Investors that it has not made any assignment or (iii) the Indenture or other transfer of any transactions contemplated thereby or interest in any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations Claim released by it under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral AgreementsGeneral Release. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofBy:_____________________________________ ▇▇▇▇ ▇. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations.▇▇▇▇▇▇▇▇▇ Senior Vice President

General Release. In consideration ofEffective as of the Closing, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the Subsidiarieseach Seller, on behalf of themselves himself or herself, and their each of his or her past, present and future Affiliates, firms, corporations, limited liability companies, partnerships, trusts, associations, organizations, representatives, investors, stockholders, equityholders, securityholders, members, managers, directors, officers, employees, partners, trustees, principals, consultants, contractors, family members, heirs, executors, administrators, predecessors, successors and assigns (each, a "Releasing Party" and, collectively, the “Releasors”"Releasing Parties"), hereby absolutely, unconditionally and irrevocably releases, acquits and forever agree discharges the Company, and covenant not to ▇▇▇ or prosecute against the Releasees (as defined beloweach of its former, present and future Affiliates, parent(s) and hereby forever waivesubsidiary companies, release joint ventures, predecessors, successors and discharge to assigns (including Purchaser and its Affiliates), and their respective former, present and future representatives, investors, equityholders, members, directors, officers, managers, employees, partners, insurers and indemnitees (collectively the fullest extent permitted by law"Released Parties"), each Releasee from, of and from any and all claims (includingmanner of action or inaction, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, cause or causes of action, suitsactions, debtsencumbrances, accounts, interests, lienscontracts, promises, warrantiesliabilities or damages (whether for compensatory, damages and consequential and special, incidental or punitive damages, demandsequitable relief or otherwise) of any kind or nature whatsoever, agreementspast, bondspresent or future, billsat law, specialtiesin equity or otherwise (including with respect to conduct which is negligent, covenantsgrossly negligent, controversieswillful, variancesintentional, trespasseswith or without malice, judgmentsor a breach of any duty, executions, costs, expenses applicable Law or claims whatsoever (collectively, the “Claims”rule), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing fixed or hereafter arisingcontingent, whether arising at law concealed or hidden, whether disclosed or undisclosed, whether liquidated or unliquidated, whether foreseeable or unforeseeable, whether anticipated or unanticipated, whether suspected or unsuspected, which such Releasing Parties, or any of them, ever have had or ever in equity, the future may have against the Noteholders Released Parties, or any of them, solely in such Releasing Party's capacity as a Seller, and which, in each case, are based on acts, events or omissions occurring prior to or contemporaneously with the Closing (the "Released Claims"); provided, that the foregoing release shall not release, impair or diminish, and the term "Released Claims" shall not include, in any capacity and their affiliates, shareholders and “controlling persons” respect any rights of: (within a) each Releasing Party under this Agreement or the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are agreements executed in connection with the transactions contemplated hereby; (ib) any aspect the Releasing Parties to indemnification, reimbursement or advancement of expenses under the provisions of the business, operations, assets, properties, affairs organizational or governance documents of the Company (or any other aspect directors' and officers' liability insurance policy maintained by the Company) with respect to any act, omission, event or transaction occurring prior to or contemporaneously with the Closing, or (c) Dyadic International Inc. arising out of or relating to that certain Amended and Restated Non-Exclusive Sub-License Agreement, dated June 24, 2020, by and between Dyadic International Inc. and the Company. In no event shall any of the Company or the Subsidiaries; (ii) any aspect of their respective Affiliates have any liability or obligation whatsoever to any Seller for any breaches of the dealings representations, warranties, agreements or relationships between or among covenants of the Company and the Subsidiaries, on the one handhereunder, and in any event none of Sellers may seek contribution from the Noteholders, on the other hand, or (iii) the Indenture Company or any transactions contemplated thereby or of their respective Affiliates in respect of any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions payments required to be made by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of Seller pursuant to this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsAgreement.

General Release. In consideration ofEffective upon the Closing Date: (a) Each Seller, among other thingsfor Seller and Seller’s heirs, devisees, legal representatives, successors, and assigns (each, a “Releasing Party” and, collectively, the Noteholders’ execution “Releasing Parties”), does hereby acknowledge complete satisfaction of and delivery does hereby fully, finally, and forever release and discharge each of this First Amended Forbearance Agreement, the Company and the Subsidiaries, on behalf of themselves its directors and their successors and assigns officers (collectively, the “ReleasorsReleased Parties”), hereby forever agree ) of and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingcommitments, without limitationactions, crossclaimsB-7 debts, claims, counterclaims, rights of set-off and recoupment), actionssuits, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreementsliabilities, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executionsobligations, costs, expenses expenses, and compensation of every kind or claims whatsoever (collectivelynature whatsoever, the “Claims”)past, that such Releasor now has present, or hereafter may havefuture, of whatsoever nature and kindat law or in equity, whether known or unknown, whether now existing contingent or hereafter arisingotherwise, whether arising which such Releasing Parties, or any of them, had, has, or may have had at law or any time in equitythe past and through and including the Closing Date, against the Noteholders in Released Parties, or any capacity and their affiliatesof them, shareholders and “controlling persons” (within which relate to or arise out of such Releasing Party’s relationship with the meaning Company or any of its predecessors or Affiliates, or such Releasing Party’s rights or status as a stockholder of the federal securities law)Company or any of its predecessors or Affiliates, and their respective successors further including, without limitation, any claims of fraud or fraudulent inducement in connection with the negotiation, execution, delivery, and assigns and each and all performance of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing this Agreement (collectively, the “ReleaseesCauses of Action”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing nothing in this Section shall not release the Noteholders from their express obligations release, acquit, or discharge any Causes of Action or preclude a lawsuit or claim in respect of any Causes of Action that a Releasing Party may have or bring arising under this First Amended Forbearance Agreement or the other documents and agreements executed and delivered pursuant to this Agreement, or that a Releasing Party may have or bring arising under his respective Indemnification Agreement or the Indenturebylaws of the Company, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreementor any other rights of indemnification or constitution of law or in equity. (b) Each Releasing Party represents, the Company and the Subsidiaries consulted withwarrants, covenants, and have agrees that such Releasing Party (a) has not and will not assign any Causes of Action or possible Causes of Action against any Released Party, (ii) fully intends to release all Causes of Action against the Released Parties, including, without limitation, unknown and contingent Causes of Action (other than those specifically reserved above), and (iii) has consulted with counsel with respect to the matters covered hereby and has been represented byfully apprised of the consequences hereof. (c) Each Releasing Party covenants and agrees not to institute any litigation, legal counsel and expressly disclaim any reliance on any representationslawsuit, acts claim, or omissions by action against any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness Released Parties with respect to any released Causes of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsAction.

General Release. In consideration of, among other thingsFOR GOOD AND VALUABLE CONSIDERATION, the Noteholders’ execution receipt and delivery adequacy of this First Amended Forbearance Agreementwhich are hereby acknowledged, each of the Company undersigned, Springbrook Investments, L.P., a California limited partnership, and the Subsidiaries, on behalf of themselves and their its successors and assigns (collectively, the “ReleasorsReleasor”) does hereby forever release, discharge and acquit SPT Real Estate Finance, LLC, a Delaware limited liability company (“Lender”), hereby forever agree its officers, directors, members, managers, agents and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) employees, and hereby forever waivetheir respective partners, release officers, directors, members, managers, agents, employees successors, heirs, and discharge to the fullest extent permitted by lawassigns, and each Releasee fromof them, of and from any and all claims (includingclaims, without limitationdemands, crossclaimsobligations, counterclaimsliabilities, rights indebtednesses, breaches of set-off and recoupment)contract, actionsbreaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of action, suitsdebts, debtssums of money, accounts, interestscompensations, lienscontracts, controversies, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses losses and expenses, of every type, kind, nature, description or claims whatsoever (collectivelycharacter, the “Claims”)and irrespective of how, that such Releasor why, or by reason of what facts, whether heretofore, now has existing or hereafter arising, or which could, might, or may havebe claimed to exist, of whatsoever nature and kindwhatever kind or name, whether known or unknown, whether now existing suspected or hereafter arisingunsuspected, whether arising liquidated or unliquidated, each as though fully set forth herein at law or in equitylength, against the Noteholders which in any capacity way arise out of, are connected with or relate to the Loan (as that term and their affiliatescapitalized terms not otherwise defined herein are defined in that certain Settlement Agreement dated of even date herewith, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing pursuant to which this Release is delivered) (collectively, the “ReleaseesClaims”), based including, without limitation, all Claims arising out of, connected with or relating to the Loan Documents, the Settlement Agreement and the other Closing Documents (as such capitalized terms are defined in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with Settlement Agreement) (other than (i) any aspect in the case of the businessSettlement Agreement and the other Closing Documents to which Lender is a party, operations, assets, properties, affairs Claims directly resulting from the material failure of Lender to observe or any other aspect of the Company or the Subsidiaries; perform its obligations thereunder and (ii) any aspect rights or remedies, including, without limitation, the right to contribution, which Releasor or any of their successors or assigns may have against Lender under the dealings Comprehensive Environmental Response, Compensation and Liability Act of 1980 (codified at Title 42 U.S.C. § 9601 et seq.), as it may be amended from time to time, or relationships between any other applicable federal, state or among local laws relating to hazardous materials). As further consideration for this Release, the Company Releasor hereby agrees, represents and warrants that the Subsidiaries, on the one handmatters released herein are not limited to matters which are known or disclosed, and the Noteholders, on the other handReleasor hereby waives any and all rights and benefits which it now has, or (iii) in the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewithfuture may have, providedconferred upon it by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, however, that the foregoing shall not release the Noteholders from their express obligations under WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. In this First Amended Forbearance Agreementconnection, the IndentureReleasor hereby agrees, the Intercreditor Agreement represents and the Collateral Agreements. In entering into this First Amended Forbearance Agreementwarrants that it realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to Claims which are presently unknown, the Company unanticipated and the Subsidiaries consulted withunsuspected, and have it further agrees, represents and warrants that this Release has been represented bynegotiated and agreed upon in light of that realization and that it nevertheless hereby intends to release, legal counsel discharge and expressly disclaim any reliance on any representations, acts or omissions by any of acquit the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases parties set forth herein do not depend hereinabove from any such unknown Claims which are in any way on related to the matters released hereinabove. IT IS HEREBY FURTHER UNDERSTOOD AND AGREED that the acceptance of delivery of this Release by the parties released hereby shall not be deemed or construed as an admission of liability by any party released by the terms hereof, and each such representations, acts and/or omissions party hereby expressly denies liability of any nature whatsoever arising from or related to the accuracy, completeness or validity hereofsubject of the within Release. The provisions Releasor hereby agrees, represents and warrants that it has had advice of this Section 4 shall survive counsel of its own choosing in negotiations for and the expiration preparation of the Forbearance Period within release, that it has read this Release or has had the same read to it by its counsel, that it has had the within Release fully explained by such counsel, and the termination that it is fully aware of this First Amended Forbearance Agreement its contents and payment in full of the Obligations.legal effect. DATED: September 3, 2009. RELEASOR: Springbrook Investments L.P., a California limited partnership By: Highgrove, Inc., its General Partner By: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, President

General Release. (a) In consideration offor the receipt of those payments that are in excess of the amounts required to be paid to Me by Law (as detailed in the settlement of account attached hereto), among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesI, on behalf of themselves myself and their my family, agents, representatives, heirs, executors, trustees, administrators, attorneys, successors and assigns (collectively, the “Releasors”), hereby forever agree irrevocably and unconditionally (i) represent and warrant that I have received in a timely manner full and complete payment of all amounts due to Me under my employment agreement with the Company or under any applicable law and/or in connection with the termination of my employment, both at law and pursuant to the terms of the employment agreement, and (ii) release, settle, cancel, acquit, discharge and acknowledge to be fully satisfied, and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) Company and hereby forever waiveeach of its respective past and/or present subsidiaries, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders successors and “controlling persons” (within the meaning of the federal securities law)assigns, and each of their respective successors predecessors, and assigns and each and all of the officerspast and/or present stockholders, partners, members, directors, managers, officers, employees, agentsagents or other representatives, attorneys, advisors, auditors, consultants and other representative of each employee benefit plans of the foregoing Company or its affiliates, including, but not limited to, trustees and administrators of these plans, in each case, in their individual and/or representative capacities (collectively, the “Releasees”)) from any and all claims, based contractual or otherwise, demands, costs, rights, causes of action, charges, debts, liens, promises, obligations, complaints, losses, damages and all liability of whatever kind and nature, whether known or unknown, and hereby waive any and all rights that I, he, she or it may have, from the beginning of time up to and including the time of signing this Release Agreement, or that otherwise may exist or may arise in whole respect of my employment or separation from employment with the Company, or is in part on facts whether any way connected with or related to any applicable compensatory or benefit plan, program, policy or arrangement, including, but not now known, existing on or before the Amended Forbearance Effective Date, that relate limited to, arise out any claims relating to salaries, benefits, bonuses, compensation, fringe benefits, social benefits according to any law or agreement, amounts of otherwise are in connection with (i) any aspect managers insurance, pension fund, provident fund and education fund, overtime, severance pay, sick pay, recreation payments, vacation payments, prior notice payments, options or other securities, reimbursement of the business, operations, assets, properties, affairs or expenses and/or any other aspect of the Company payments or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions benefits due to Me by any of the Releasees and Releasees, as well as any claims arising under any applicable laws of Israel, or claims under any policy, agreement, understanding or promise, written or oral, formal or informal, between the Company and any of its affiliates and myself, now or hereafter recognized, including claims for wrongful discharge, slander and defamation, as well as all claims for counsel fees and costs; provided, that such released claims shall not include any claims to enforce my rights under, or with respect to, any post-termination obligations of the Subsidiaries Company expressly undertaken by the Company under my employment agreement with the Company. (b) The Releasors agree not to bring any action, suit or proceeding whatsoever (including the initiation of governmental proceedings or investigations of any type) against any of the Releasees hereto for any matter or circumstance concerning which the Releasors have released the Releasees under this Release Agreement. Further, the Releasors agree not to encourage any other person or suggest to any other person that he, she or it institute any legal action against the Releasees, and I hereby declare, confirm and undertake that, if the Releasors or anyone else in their name should deliver a claim as mentioned above I shall reimburse the Releasees and anyone else on their behalf to the full extent of the sum of the legal expenses and legal fees incurred by them as a result of any such claim; and in the event that Releasors prevail in such legal action, then the Releasees shall reimburse such sum to Me or the Releasors. The Releasors hereby agree to waive the right to any relief (monetary or otherwise) in any action, suit or proceeding I may bring in violation of this Release Agreement. (c) This Release Agreement shall constitute a dismissal and acknowledge that compromise notice for the validity and effectiveness purposes of Section 29 of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsSeverance Pay Law 5713-1963.

General Release. (a) In consideration of, among other things, the Noteholders’ WT’s execution and delivery of the Current Modifications and this First Amended Forbearance Agreement, the Company and the SubsidiariesOmega’s joining in Sections 2(b), (d), (e) and 5(k) of this Agreement, Genesis on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries and affiliates (whether or not party to the Transactions Documents), successors and assigns (collectively, the “Releasors”), hereby forever agree agrees and covenant covenants not to ▇▇▇ or prosecute against the Releasees any Releasee (as defined hereinafter defined) in accordance with Section 4(c) below) , and hereby forever waivewaives, release releases and discharge discharges, to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaimscross-claims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arisingexisting, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders WT or Omega in any capacity and their affiliatesrespective affiliates and subsidiaries (whether or not party to the Transaction Documents), shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing its related persons (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance Effective Datedate of this Agreement, that relate to, arise out of or otherwise are in connection with with: (i) any aspect or all of the business, operations, assets, properties, affairs Transaction Documents or the Transactions or any other aspect of the Company actions or the Subsidiaries; omissions in connection therewith, (ii) any aspect of the dealings or relationships between or among Genesis and WT or Omega relating to any or all of the Company and the Subsidiariesdocuments, on the one handtransactions, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts actions or omissions referenced in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsclause (i). In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries Genesis has consulted with, and have has been represented by, legal counsel and expressly disclaim disclaims any reliance on any representations, acts or omissions by any of the Releasees and the Company hereby agrees and the Subsidiaries hereby agree and acknowledge acknowledges that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 4(a) shall survive the termination of this Agreement, the Transaction Documents and payment in full of all obligations thereunder. (b) Genesis, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged pursuant to Section 6(a) hereof. If Genesis or any of its successors, assigns or other legal representatives violates the foregoing covenant, Genesis for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all documented reasonable attorneys’ fees (other than allocated fees of in-house counsel) and out-of-pocket costs incurred by any Releasee as a result of such violation. (c) In entering into this Agreement, Genesis consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 4 shall survive the expiration or termination of the Forbearance Period and Period, the termination of this First Amended Forbearance Agreement Agreement, the Transaction Documents and payment in full of the Obligationsobligations thereunder.

General Release. In consideration of, among other things, (a) Notwithstanding anything to the Noteholders’ execution and delivery of contrary set forth in this First Amended Forbearance Agreement, effective as of the Company Initial Closing, in consideration of the mutual agreements contained herein, including the cash consideration to be received by the GNC Parties pursuant to Article II and the SubsidiariesArticle III, each GNC Party, on behalf of themselves itself and their each of its past, present and future Affiliates, firms, corporations, limited liability companies, partnerships, trusts, associations, organizations, investors, stockholders, members, partners, trustees, principals, predecessors, successors and assigns (each, a “GNC Releasing Party” and, collectively, the “GNC Releasing Parties”), hereby absolutely, unconditionally and irrevocably releases, acquits and forever discharges Nutra, its former, present and future Affiliates, parent and subsidiary companies, joint ventures, predecessors, successors and assigns (including Buyer and its Affiliates), and their respective former, present and future representatives, investors, stockholders, members, partners, insurers and indemnitees (collectively, the “ReleasorsReleased Parties”), hereby forever agree of and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingmanner of action or inaction, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, cause or causes of action, suitsActions, debtsLiens, accounts, interests, liensContracts, promises, warrantiesLiabilities or Damages (whether for compensatory, damages and consequential and special, incidental or punitive damagesDamages, demandsequitable relief or otherwise) of any kind or nature whatsoever, agreementspast, bondspresent or future, billsat law, specialtiesin equity or otherwise (including with respect to conduct which is negligent, covenantsgrossly negligent, controversieswillful, variancesintentional, trespasseswith or without malice, judgmentsor a breach of any duty, executions, costs, expenses Law or claims whatsoever (collectively, the “Claims”rule), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing fixed or hereafter arisingcontingent, whether arising at law concealed or hidden, whether disclosed or undisclosed, whether liquidated or unliquidated, whether foreseeable or unforeseeable, whether anticipated or unanticipated, whether suspected or unsuspected, which such GNC Releasing Parties, or any of them, ever have had or ever in equity, the future may have against the Noteholders in Released Parties, or any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)them, and their respective successors which, in each case, are based on acts, events or omissions occurring up to and assigns and each and all of including the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing Initial Closing (collectively, the “ReleaseesReleased Claims”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing release shall not release release, impair or diminish, and the Noteholders from their express obligations term “Released Claims” shall not include, in any respect any rights of: (i) any GNC Party or Seller Indemnitee under this First Amended Forbearance AgreementAgreement or any other Transaction Document; (ii) the GNC Releasing Parties to indemnification, reimbursement or advancement of expenses under the Indentureprovisions of the Nutra Organizational Documents, any directors’ and officers’ liability insurance policy maintained by Nutra, or any indemnification agreement to which any such GNC Releasing Party and Nutra are parties and which is set forth on Schedule 6.16; (iii) if applicable to any GNC Releasing Party, any rights available to such GNC Releasing Party to receive salaries, bonuses (including any transaction bonus or success bonus), severance, accrued vacation or other paid time off, employee benefits (to the Intercreditor Agreement extent such benefits are vested under the terms of the applicable Nutra Plan or applicable Law) or expenses that have accrued in respect of employment with Nutra in the ordinary course of business; or (iv) any statutory or other rights that are prohibited by Law from being released, compromised or exchanged. (b) Without limiting the generality of the foregoing, with respect to the Released Claims, each GNC Party, each on behalf of itself and each GNC Releasing Party, hereby expressly waives all rights under Section 1542 of the Collateral AgreementsCivil Code of the State of California (the “California Civil Code”) and any similar Law or common law principle in any applicable jurisdiction prohibiting or restricting the waiver of unknown claims. In entering into this First Amended Forbearance AgreementSection 1542 of the California Civil Code reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” (c) Notwithstanding the Company and provisions of Section 1542 of the Subsidiaries consulted withCalifornia Civil Code or any similar Law or common law principle in any applicable jurisdiction, and have been represented byfor the purpose of implementing a full and complete release and discharge of the Released Parties, legal counsel each GNC Party, each on itself and each GNC Releasing Party, expressly disclaim acknowledges that the foregoing release is intended to include in its effect all claims which any reliance on GNC Party or any representationsGNC Releasing Party does not know or suspect to exist in his, acts her or omissions by its favor against any of the Releasees Released Parties (including unknown and the Company contingent claims), and the Subsidiaries hereby agree and acknowledge that the validity foregoing release expressly contemplates the extinguishment of all such claims (except to the extent expressly set forth herein). Each GNC Party, each on behalf of itself and effectiveness each GNC Releasing Party, covenants and agrees not to, and agrees to cause its respective Affiliates not to, whether in its own capacity, as successor, by reason of assignment or otherwise, assert, commence, institute or join in, or assist or encourage any third party in asserting, commencing, instituting or joining in, any Action of any kind whatsoever, in law or equity, in each case against the Released Parties, or any of them, with respect to any Released Claims, except as otherwise set forth in Section 6.16(a). (d) Each GNC Party, each on behalf of itself and each GNC Releasing Party, acknowledges that it may hereafter discover facts in addition to or different from those which it now knows or believes to be true with respect to the subject matter of the releases set forth herein do not depend in any way Released Claims, but each GNC Party, each on any such representationsbehalf of itself and each GNC Releasing Party, acts and/or omissions or the accuracyintends to and, completeness or validity hereof. The provisions by operation of this Section 4 Agreement shall survive have, fully, finally and forever settled and released any and all Released Claims without regard to the expiration subsequent discovery of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationssuch different or additional facts.

General Release. In a. By signing this Release, in consideration offor the sums of money and benefits Employee is eligible to receive under this Release, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesEmployee, on behalf of themselves himself and their his heirs, representatives, administrators, executors, successors and assigns (collectively, the “Releasors”)assigns, hereby irrevocably and unconditionally releases, acquits, and forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge discharges to the fullest extent permitted by law, the Company and each Releasee fromof its present and former divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, and together with all present and former benefit plans or policies, plan administrators, agents, directors, officers, employees, owners, representatives and attorneys of all such entities or persons and all persons acting by, through, under or in concert with any of them (collectively referred to as the "Released Parties"), from any and all claims (includingcharges, without limitationcomplaints, crossclaimsclaims, counterclaimsliabilities, rights of set-off and recoupment)obligations, promises, agreements, controversies, damages, actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damagesrights, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, losses, debts and expenses or claims whatsoever (collectively, the “Claims”including attorney' s fees and costs), that such Releasor now has or hereafter may haveof any nature whatsoever, of whatsoever nature and kind, whether known or unknown, whether which Employee now existing has, has had, or may hereafter arising, whether arising at law claim to have had against each or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities lawReleased Parties resulting from or arising out of any matter, act, omission, cause or event whatever that has previously occurred; except that Employee does not waive or release rights reserved under Section 3 of this Release or rights or claims that cannot be lawfully waived. Employee understands that by signing this Release and accepting the sums of money and benefits described in this Release, Employee is waiving any right to pursue any claim against any of the Released Parties for payments or benefits of any kind (other than those expressly reserved in this Release), and their respective successors and assigns and each and all of the officersas well as claims for back pay, directorsseverance pay, employeesliquidated damages, agentscompensatory damages, attorneyspunitive damages, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect losses or other damages to Employee or Employee's property resulting from any claimed violation of local, state or federal law, including, for example (but not limited to), claims arising under Title VII of the Company Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, the Retaliatory Employment Discrimination Act, the Employee Retirement Income Security Act of 1974, The Family Medical Leave Act, the Fair Labor Standards Act, the North Carolina Wage and Hour Act, the North Carolina Retaliatory Employment Discrimination Act, the Genetic Information Nondiscrimination Act, the North Carolina Equal Employment Practices Act, the North Carolina Persons with Disabilities Protection Act, all as amended, and claims under any other federal, state or local law pertaining to Employee's employment or the Subsidiaries; (ii) termination of his employment. b. This Release does not waive or interfere with any aspect of the dealings rights Employee may have to file a charge with or relationships between participate in any investigation by a federal or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewithstate administrative agency, provided, however, that the foregoing shall Employee acknowledges and agrees that he is not release the Noteholders from their express obligations under entitled to any personal recovery in any such agency proceeding. c. Employee acknowledges that this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement Release applies both to known and unknown claims that may exist between Employee and the Collateral AgreementsReleased Parties as of the date he signs this Release. In entering into Employee expressly waives and relinquishes all rights and benefits which Employee may have under any state or federal statute or common law principle that would otherwise limit the effect of this First Amended Forbearance AgreementRelease to claims known or suspected prior to the date Employee signs this Release, and does so understanding and acknowledging the significance and consequences of such specific waiver. Employee acknowledges that the benefits provided by the Company under Section 2 of this Release are discretionary in nature and not required of the Company in the absence of this Release and Employee's release of claims herein, and constitute adequate consideration for the release. d. Employee represents that, as of the date of execution of this Release, he has not filed with any agency or court any complaint or lawsuit against any of the Released Parties (as defined in Section 5 of this Release), and to the best of his knowledge, has no claim, cause of action or rights of actions against the Company arising out of or in any way connected with his employment with the Company. e. Employee agrees that he will not seek or apply for re-employment with any of the Released Parties and Employee waives any right to re-employment or reinstatement with the Company or any other Released Party. Employee acknowledges that it is the general policy of the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do its subsidiaries not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions to re-employ individuals with whom it has entered into separation agreements of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationsnature.

General Release. In consideration of, among other things, the NoteholdersLenders’ execution and delivery of this First Amended Forbearance AgreementAmendment, the Company and the SubsidiariesBorrower, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree waives, releases and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waivedischarges, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders Administrative Agent or any or all Lenders in any capacity and each of their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance Third Amendment Effective Date, that relate to, arise out of or otherwise are in connection with (i) any aspect or all of the business, operations, assets, properties, affairs Loan Documents or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts actions or omissions in connection therewiththerewith through the date of this Amendment. The receipt by Borrower of any Loans or other financial accommodations made by any Lender after the date hereof shall constitute a ratification, providedadoption, however, that and confirmation by such party of the foregoing shall general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not release now known or unknown, existing on or prior to the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate of receipt of any such Loans or other financial accommodations. In entering into this First Amended Forbearance AgreementAmendment, the Company and the Subsidiaries Borrower consulted with, and have has been represented by, legal counsel and expressly disclaim disclaims any reliance on any representations, acts or omissions by any of the Releasees and the Company hereby agrees and the Subsidiaries hereby agree and acknowledge acknowledges that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofthereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations. ▇▇▇▇▇▇▇▇ hereby agrees that it shall be obligated to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by or on behalf of any Person, including, without limitation, the respective officers, directors, agents, trustees, creditors, partners or shareholders of Borrower or any of its Subsidiaries, whether threatened or initiated, in respect of any claim for legal or equitable remedy under any statute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Credit Agreement, the other Loan Documents, this Amendment or any other document executed and/or delivered in connection herewith or therewith prior to the date of this Amendment; provided, that Borrower shall have no obligation to indemnify or hold harmless any Releasee hereunder with respect to liabilities to the extent they result from the gross negligence or willful misconduct of that Releasee as determined by a final non-appealable order of a court of competent jurisdiction. If and to the extent that the foregoing undertaking may be unenforceable for any reason, ▇▇▇▇▇▇▇▇ agrees to make the maximum contribution to the payment and satisfaction thereof that is permissible under Applicable Law.

General Release. In consideration of, among other thingsFor good and valuable consideration, the Noteholders’ execution receipt and delivery adequacy of which is hereby acknowledged and confirmed, and as a material inducement to each Buyer to enter into this First Amended Forbearance AgreementAgreement and complete the transactions contemplated hereby, the Company and the Subsidiarieseach Seller, on behalf of themselves itself, its past, present and future heirs, executors, administrators, its predecessors and successors in interest, and their successors respective affiliates, subsidiaries, officers, directors, shareholders, partners, members, managers, investors, employees, agents and assigns representatives (collectively, hereinafter individually and collectively referred to as the “Releasors”), hereby fully, forever, irrevocably and unconditionally releases, remises, absolves and forever agree and covenant not to ▇▇▇ or prosecute against discharges the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by lawCompany, each Releasee fromBuyer, and their respective parent entities, subsidiaries, affiliates, predecessors and successors, and all of their respective past and/or present officers, directors, stockholders, partners, members, managers, investors, employees, agents and representatives, in their individual and/or representative capacities (hereinafter collectively referred to as the “Releasees”), from any and all claims (includingmanner of claims, without limitationcharges, crossclaimscomplaints, counterclaims, rights of set-off and recoupment)demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreementsreckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, doings, omissions, executions, expenses (including, without limitation, attorneys’ fees and costs, expenses or claims whatsoever (collectively, the “Claims”), that affirmative defenses and other obligations or liabilities of every kind and nature which such Releasor ever had, now has or holds or has at any time heretofore owned or held, or hereafter can, shall or may have, for themselves or on behalf of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityany other Person, against the Noteholders in Releasees or any capacity and their affiliatesof them, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on suspected or before the Amended Forbearance Effective Dateclaimed, that relate tofixed or contingent, arise or expected or unexpected, for, upon, or by reason of any matter, course or thing whatsoever arising out of otherwise are in connection with (i) any aspect or relating to such Seller’s ownership of the business, operations, assets, properties, affairs Shares or any other aspect securities of the Company (including, without limitation, the potential increase in value of such Shares at any time before or after the Subsidiaries; (ii) date hereof and any aspect right to receive any amount of recovery received by the Company with respect to an action pending in the United States District Court for the Western District of Washington captioned ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ v. Bank of America Corporation and ▇. ▇. ▇▇▇▇▇▇ Chase & Co.), such Seller’s capacity as a stockholder of the dealings Company, the transactions contemplated by this Agreement, and any other agreements or relationships between or among transactions entered into by the Company and and/or any Buyer relating to the Subsidiaries, on the one hand, and the Noteholders, on the Common Stock or other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any securities of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsCompany.

General Release. 4.1 In consideration offor the above, among other things, and all of the Noteholders’ execution and delivery terms of this First Amended Forbearance Agreement, the Company Employee, with the intention of binding himself and the Subsidiarieshis heirs, on behalf of themselves and their successors executors, administrators, agents, representatives and assigns (collectively, hereinafter the “"Releasors”"), does hereby release, remise and forever agree discharge FNWB and covenant not to ▇▇▇ or prosecute against the Releasees Bank, and each of their parents, subsidiaries, affiliates, related entities, predecessors, successors, assigns, and each of the current and former employees, officers, directors, executives, members, trustees, representatives, agents, shareholders, attorneys, investors and insurers of any of the foregoing entities and each of their heirs, successors, executors and administrators and all persons acting by, through, under and/or in concert with any of them (as defined belowhereinafter the "Releasees") of and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (includingclaims, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actionsdemands, causes of action, actions, rights, damages, judgments, costs, compensation, suits, debts, dues, accounts, interestsbonds, liens, promises, warranties, damages and consequential and punitive damages, demandscovenants, agreements, bondsexpenses, billsattorneys' fees, specialtiesdamages, covenantspenalties, controversiespunitive damages and liability of any nature whatsoever, variancesin law or in equity or otherwise, trespasseswhich any of the Releasors have had, judgmentsnow have, executions, costs, expenses shall or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing foreseen or hereafter arisingunforeseen, whether suspected or unsuspected, by reason of any cause, matter or thing whatsoever, from the beginning of the Employee's employment with the Company to the date the Employee signs this Agreement, including those relating to or arising at law out of the Employee's employment or affiliation with the Company, the terms and conditions of such employment or affiliation, and the termination of that employment or affiliation. 4.2 By the general release set forth in this Section 4, the Employee acknowledges that he is giving up all claims relating to or arising out of his employment or affiliation with the Company, the terms and conditions of such employment or affiliation, and the termination of that employment or affiliation, including but not limited to claims for breach of contract or implied contract, wrongful, retaliatory or constructive discharge, negligence, misrepresentation, fraud, detrimental reliance, promissory estoppel, defamation, invasion of privacy, impairment of economic opportunity, tortious interference with contract or business relationships, intentional or negligent inflection of emotional distress, any and all other torts, and claims for attorneys' fees, as well as the following statutory claims described below. 4.3 The Employee further acknowledges that various local, state and federal laws prohibit discrimination based on age, gender, sexual orientation, race, color, national origin, religion, disability, and handicap or veterans status and are included within the scope of this release. These include, but are not limited to, Title VII of the Civil Rights Act of 1964, the Civil Rights Acts of 1866 and 1871, and the Civil Rights Act of 1991 (relating to gender, national origin, religion, race and certain other kinds of job discrimination); the Pregnancy Discrimination Act; the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act (relating to age discrimination in employment); the Rehabilitation Act of 1973 and the Americans with Disabilities Act (relating to disability discrimination in employment); and the Washington State Law Against Discrimination (RCW 49.60). The Employee also understands and acknowledges that there are various federal and state laws governing benefit issues, wage and hour issues, and other employment issues, including, but not limited to, the Employee Retirement Income Security Act (excluding claims for vested benefits), the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, the National Labor Relations Act, the Fair Labor Standards Act, the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, wage and hour laws, whistleblower laws and other laws. 4.4 The Employee acknowledges that he is giving up any claims he may have under any of the statutes or laws referenced in this Section 4 and under any other federal, state or municipal statute, ordinance, executive order or regulation relating to discrimination in employment, wage and hour issues, or in equityany way pertaining to employment relationships. The Employee also understands and acknowledges that he is giving up any and all claims for benefits not covered by Section 3 of this Agreement including, against but not limited to, life insurance, accidental death and disability insurance, sick leave or other employer provided plans or programs; claims for bonuses or other distributions of income or profit; claims for reimbursement; claims for wages; claims for vacation or other leave time; claims relating to retirement, pension and/or profit-sharing plans (excluding claims for vested benefits under the Noteholders Bank's Equity Incentive Plan, 401(k) Plan, Deferred Compensation Plan, as well as vested rights (if any) to stock options); claims for group health insurance coverage (excluding claims for continued medical insurance coverage and COBRA continuation coverage as detailed in Section 3.2 above); or any capacity other claims. The Employee understands and their affiliatesacknowledges that this general release applies to all such employment-related claims that he now has or may have had to the date he signs this Agreement (except as specifically provided otherwise herein) under any and all applicable federal, shareholders state, municipal, county or local laws, ordinances and “controlling persons” (within regulations and any common law claims now or hereinafter recognized. 4.5 The Employee further agrees that neither the meaning Employee nor anyone on his behalf shall or may seek or be entitled to recover reasonable attorneys' fees and costs pursuant to any of the federal securities law)aforementioned federal, state, county, municipal or local statutes, or any other such laws or regulations. The Employee understands and their respective successors acknowledges that the general release set forth in this Section 4 applies to all claims and assigns and each and all causes of action, including but not limited to employment-related claims which the officersEmployee now has or may have had to the date he signs this Agreement except as specifically provided otherwise herein. 4.6 The Employee further agrees that this release includes any other claims, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now knownrelated to his employment with the Company, existing arising from any alleged violation of any federal, state or local statute, regulation, ordinance or common law or tort, including but not limited to claims for tortuous interference with contractual relations/advantage, misrepresentation, emotional distress, libel, slander, breach of express or implied contract or covenant of good faith and fair dealing (whether written or oral), retaliation, quantum merit, wrongful discharge, promissory estoppel, fraud, negligence, detrimental reliance, assault, battery, mental anguish, personal injury or loss of consortium, past physical injury associated with employment or future manifestations of physical injury incurred during or as a result of employment, and any and all claims that may be asserted on his behalf by others (including without limitation by the Equal Employment Opportunity Commission, the Washington State Human Rights Agency or before any similar agency). 4.7 This release does not apply to claims that cannot be released by this Agreement, including claims for worker's compensation, unemployment benefits claims, or vested retirement benefits, nor does it waive or release any rights or claims that the Amended Forbearance Effective DateEmployee may have under the Age Discrimination in Employment Act which arise after the date he signs this Agreement. This release does not prevent the Employee from filing a charge with or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, that relate tothe Washington State Human Rights Agency, arise out the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Board of otherwise are Governors of the Federal Reserve System, or any other federal, state or local government agency or commission ("Government Agency"), although this release does waive the Employee's right to any monetary or other relief of any nature whatsoever in connection with (i) any aspect of such charge, investigation or proceeding to the business, operations, assets, properties, affairs or extent permitted by law. Notwithstanding any other aspect of provision in this Section 4, the Employee waives any right he may have to bring, or participate in, any collective action or class action against the Company or the Subsidiaries; (ii) any aspect other Releasees in his capacity as an employee or former employee of the dealings Company. The Employee further understands that this Agreement does not limit his ability to communicate with any Government Agencies or relationships between otherwise participate in any investigation or among proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. This Agreement does not limit the Employee's right to receive an award for information provided to any Government Agencies. 4.8 The Employee represents that he: (i) has not filed any civil actions, lawsuits, complaints, charges or claims for relief or benefits against or involving the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the other Releasees and the Company and the Subsidiaries hereby agree and acknowledge with any local, state or federal court, regulatory body or administrative agency that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representationsare currently outstanding, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligations.other than a claim for unemployment compensation benefits;

General Release. In (a) For and in consideration of, among other thingsof the Severance Payment and the Purchase Price, the Noteholders’ execution Executive hereby agrees on behalf of the Executive, the Executive's agents, assignees, attorneys, successors, assigns, heirs and delivery of this First Amended Forbearance Agreementexecutors, to, and the Executive does hereby, fully and completely forever release the Company and the Subsidiariesits affiliates, on behalf of themselves predecessors and their successors and assigns all of their respective past and/or present officers, directors, shareholders, partners, members, managing members, managers, employees, agents, representatives, administrators, attorneys, insurers and fiduciaries in their individual and/or representative capacities (collectively, hereinafter collectively referred to as the “Releasors”"Releasees"), hereby forever agree and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, agreements, promises, damages, disputes, controversies, contentions, differences, judgments, claims, debts, dues, sums of money, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreementsreckonings, bonds, bills, specialtiesspecialities, covenants, controversiescontracts, variances, trespasses, judgmentsextents, executionsexecutions and demands of any kind whatsoever, which the Executive or the Executive's heirs, executors, administrators, successors and assigns ever had, now have or may have against the Releasees or any of them, in law, admiralty or equity, whether known or unknown to the Executive, for, upon, or by reason of, any matter, action, omission, course or thing whatsoever occurring up to the date this Agreement is signed by the Executive, including, without limitation, in connection with or in relationship to the Executive's employment or other service relationship with the Company or its affiliates, the termination of any such employment or service relationship and any applicable employment, compensatory or equity arrangement with the Company or its respective affiliates; PROVIDED that such released claims shall not include any claims to enforce the Executive's rights under, or with respect to, this Agreement (such released claims are collectively referred to herein as the "Released Claims"). (b) Notwithstanding the generality of clause (a) above, the Released Claims include, without limitation, (i) any and all claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1971, the Civil Rights Act of 1991, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993, and any and all other federal, state or local laws, statutes, rules and regulations pertaining to employment or otherwise, and (ii) any claims for wrongful discharge, breach of contract, fraud, misrepresentation or any compensation claims, or any other claims under any statute, rule or regulation or under the common law, including compensatory damages, punitive damages, attorney's fees, costs, expenses and all claims for any other type of damage or claims whatsoever relief. (collectivelyc) THIS MEANS THAT, BY SIGNING THIS AGREEMENT, THE EXECUTIVE WILL HAVE WAIVED ANY RIGHT HE MAY HAVE HAD TO BRING A LAWSUIT OR MAKE ANY CLAIM AGAINST THE RELEASEES BASED ON ANY ACTS OR OMISSIONS OF THE RELEASEES UP TO THE DATE OF THE SIGNING OF THIS AGREEMENT. (d) The Executive represents that the “Claims”), that such Releasor now Executive has or hereafter may have, read carefully and fully understands the terms of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)this Agreement, and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, provided, however, that the foregoing shall Executive has been advised to consult with an attorney and has had the opportunity to consult with an attorney prior to signing this Agreement. The Executive acknowledges that the Executive is executing this Agreement voluntarily and knowingly and that the Executive has not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance relied on any representations, acts promises or omissions by agreements of any kind made to the Executive in connection with the Executive's decision to accept the terms of this Agreement, other than those set forth in this Agreement. The Executive acknowledges that the Releasees Executive has been given at least twenty-one (21) days to consider whether the Executive wants to sign this Agreement and that the Age Discrimination in Employment Act gives the Executive the right to revoke this Agreement within seven (7) days after it is signed, and the Company and the Subsidiaries hereby agree and acknowledge Executive understands that the validity Executive shall not receive any payments due the Executive under this Agreement until such seven (7) day revocation period (the "Revocation Period") has passed and effectiveness of then, only if the releases set forth herein do Executive has not depend in any way on any revoked this Agreement within such representationsperiod. To the extent the Executive has executed this Agreement within less than twenty-one (21) days after its delivery to the Executive, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of Executive hereby acknowledges that the Executive's decision to execute this Section 4 shall survive Agreement prior to the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the Obligationssuch twenty-one (21) day period was entirely voluntary.

General Release. In consideration of, among other things, the NoteholdersLenders’ execution and delivery of this First Amended Forbearance AgreementAmendment, the Company and the SubsidiariesBorrower, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, the “Releasors”), hereby forever agree waives, releases and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waivedischarges, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”)whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equityequity (collectively, the “Claims”), against the Noteholders Administrative Agent or any or all Lenders in any capacity and each of their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities lawlaws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, consultants advisors and other representative representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amended Forbearance Fourth Amendment Effective Date, that relate to, arise out of or otherwise are in connection with (i) any aspect or all of the business, operations, assets, properties, affairs Loan Documents or any other aspect of the Company or the Subsidiaries; (ii) any aspect of the dealings or relationships between or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts actions or omissions in connection therewiththerewith through the date of this Amendment. The receipt by Borrower of any Loans or other financial accommodations made by any Lender after the date hereof shall constitute a ratification, providedadoption, however, that and confirmation by such party of the foregoing shall general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not release now known or unknown, existing on or prior to the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreementsdate of receipt of any such Loans or other financial accommodations. In entering into this First Amended Forbearance AgreementAmendment, the Company and the Subsidiaries Borrower consulted with, and have has been represented by, legal counsel and expressly disclaim disclaims any reliance on any representations, acts or omissions by any of the Releasees and the Company hereby agrees and the Subsidiaries hereby agree and acknowledge acknowledges that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofthereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations. Borrower hereby agrees that it shall be obligated to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by or on behalf of any Person, including, without limitation, the respective officers, directors, agents, trustees, creditors, partners or shareholders of Borrower or any of its Subsidiaries, whether threatened or initiated, in respect of any claim for legal or equitable remedy under any statute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Credit Agreement, the other Loan Documents, this Amendment or any other document executed and/or delivered in connection herewith or therewith prior to the date of this Amendment; provided, that Borrower shall have no obligation to indemnify or hold harmless any Releasee hereunder with respect to liabilities to the extent they result from the gross negligence or willful misconduct of that Releasee as determined by a final non-appealable order of a court of competent jurisdiction. If and to the extent that the foregoing undertaking may be unenforceable for any reason, ▇▇▇▇▇▇▇▇ agrees to make the maximum contribution to the payment and satisfaction thereof that is permissible under Applicable Law.

General Release. In consideration of, among other things, (a) As a material inducement to the Noteholders’ execution and delivery of Company to enter into this First Amended Forbearance Agreement, and in consideration of Service Provider’s receipt of the Company payments and the Subsidiariesbenefits set forth in this Agreement, Service Provider, on behalf of themselves Service Provider and their Service Provider’s agents, spouse, heirs, executors, successors and assigns (collectivelyassigns, knowingly and voluntarily releases, remises, and forever discharges the “Releasors”)Company, hereby forever agree and covenant not to ▇▇▇ its parents, subsidiaries or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Noteholders in any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law), and their respective successors and assigns and each and together with all of the foregoing entities’ respective current and former principals, officers, directors, employeespartners, shareholders, agents, representatives, attorneys, advisorsinsurers, auditorsmembers, consultants managers, and other representative of employees, and each of the foregoing above listed person’s heirs, executors, successors and assigns whether or not acting as his or her representative, individual or any other capacity (collectively, the “Releasees”), based to the fullest extent permitted by law, from any and all debts, demands, actions, causes of actions, accounts, covenants, contracts, agreements, claims, damages, costs, expenses, omissions, promises, and any and all claims and liabilities whatsoever, of every name and nature, known or unknown, suspected or unsuspected, both in whole law and equity (“Claims”), which Service Provider ever had, now has, or in part on facts whether or may hereafter claim to have against the Releasees, including, but not now known, existing on or before the Amended Forbearance Effective Date, that relate limited to, arise out of otherwise are in connection those related to or arising from Service Provider’s employment or service with (i) any aspect the Company, the cessation thereof, the Employment Agreement, each of the businessAward Agreements, operations, assets, properties, affairs the Plan or any other aspect matter, cause or thing whatsoever relating thereto arising from the beginning of time to the date of execution of this Agreement by Service Provider (the “General Release”). The General Release shall apply to any Claim of any type, including, without limitation, any Claims with respect to Service Provider’s entitlement to any wages, bonuses, benefits, payments, or other forms of compensation; any claims of wrongful discharge, breach of contract, breach of the Company covenant of good faith and fair dealing, violation of public policy, defamation, personal injury, or emotional distress; any Claims of any type that Service Provider may have arising under the Subsidiariescommon law; (ii) any aspect Claims under Title VII of the dealings Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (the “ADEA”), the Older Workers Benefit Protection Act, the Americans With Disabilities Act, the Family and Medical Leave Act, the Service Provider Retirement Income Security Act, the Texas Human Rights Act, the Fair Labor Standards Act, the federal Workers’ Adjustment and Retraining Notification Act, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act, each as amended; and any other federal, state or relationships between local statutes, regulations, ordinances or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other handcommon law, or (iii) the Indenture under any policy, agreement, contract, understanding or any transactions contemplated thereby promise, written or any acts oral, formal or omissions in connection therewithinformal, provided, however, that the foregoing shall not release the Noteholders from their express obligations under this First Amended Forbearance Agreement, the Indenture, the Intercreditor Agreement and the Collateral Agreements. In entering into this First Amended Forbearance Agreement, the Company and the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by between any of the Releasees and Service Provider, and shall further apply, without limitation, to any and all Claims in connection with, related to or arising out of Service Provider’s employment relationship, or the termination of employment, with the Company or any Releasee and to any Claims for fraud or fraud in the inducement or fraudulent misrepresentation in relation to any such matters. Notwithstanding this General Release, Service Provider does not hereby release, waive or relinquish any of Service Provider’s rights arising out of this Agreement or to any benefit under any Company benefit plan accrued by Service Provider prior to the Separation Date. Additionally, Company and Service Provider agree that Service Provider will continue to be covered by any and all indemnification agreements, as well as any applicable Company directors’ and officers’ insurance policy, after the Separation Date. Further, Company and Service Provider agree that Service Provider is not releasing, waiving or relinquishing any right to payment under the terms of this Agreement. (b) Except as provided in the terms and conditions of this Agreement, Service Provider acknowledges and agrees that the Company and its subsidiaries and affiliates have fully satisfied any and all obligations owed to Service Provider, and no further sums are owed to Service Provider by the Subsidiaries hereby agree and acknowledge that the validity and effectiveness Company or by any of the releases set forth herein do other Releasees at any time. Service Provider represents and warrants that Service Provider has not depend filed, and Service Provider will not file, any lawsuit or institute any proceeding, charge, complaint or action asserting any claim released by this Agreement before any federal, state, or local administrative agency or court against any Releasee, concerning any event occurring prior to the signing of this Agreement. (c) Notwithstanding the foregoing, nothing contained in this Agreement limits Service Provider’s ability to file a charge or complaint with any federal, state or local governmental agency or commission (collectively, “Government Agencies”) or limits Service Provider’s ability to provide information to or communicate with any Government Agencies or otherwise participate in any way investigation or proceeding that may be conducted by any Government Agencies in connection with any charge or complaint, whether filed by Service Provider, on Service Provider’s behalf, or by any other individual. However, to the maximum extent permitted by law, Service Provider agrees that if such a charge or complaint is made, Service Provider shall not be entitled to recover any individual monetary relief or other individual remedies. This Agreement does not limit or prohibit Service Provider’s right to receive an award for information provided to any Government Agency to the extent that such limitation or prohibition is a violation of law. (d) Nothing in this Section 3 shall be deemed to release (i) Service Provider’s right to enforce the terms of this Agreement, or (ii) any Claim that cannot be waived under applicable law, including any rights to workers’ compensation or unemployment insurance. (e) Service Provider hereby represents and warrants to the Releasees that Service Provider is the sole owner of any Claims that Service Provider may now have or in the past had against any of the Releasees and that Service Provider has not assigned, transferred, or purported to assign or transfer any such representationsClaim to any person or entity. Service Provider represents that Service Provider has suffered no work-related injuries while providing services for the Company and represents Service Provider does not intend to file any claim for compensation for work-related injury. Service Provider further represents that Service Provider has not filed any lawsuits or claims against any of the Releasees, acts and/or omissions or filed any charges or complaints with any agency against any of the accuracyReleasees. Service Provider represents that Service Provider has not reported any alleged improper conduct or activity to the Company or any of its subsidiaries or affiliates; that Service Provider has no knowledge of any such conduct or activity; and that Service Provider has not been retaliated against for reporting any allegations of wrongdoing by the Company or any of its affiliates. (f) Service Provider acknowledges and agrees that (i) the Company has advised Service Provider that Service Provider should consult with an attorney prior to executing and re-executing this Agreement, completeness or validity hereof. The as applicable, (ii) Service Provider has carefully read and fully understands all of the provisions of this Agreement, (iii) Service Provider is entering into this Agreement knowingly, freely and voluntarily in exchange for good and valuable consideration to which Service Provider would not be entitled in the absence of executing or re-executing, as applicable, and not revoking this Agreement, (iv) Service Provider has been given at least twenty-one (21) calendar days to consider the terms of this Agreement and, specifically, the General Release set forth in this Section 4 shall survive 3, or has knowingly and voluntarily waived the expiration right to do so, with the execution of this Agreement constituting a voluntary waiver, (v) Service Provider has been advised by the Company that Service Provider has the right to revoke this Agreement for a period of seven (7) days after executing this Agreement, and (vi) if Service Provider wishes to revoke this Agreement, Service Provider must do so in a writing, signed by Service Provider and received by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇, no later than 5:00 p.m. local time on the seventh (7th) day of the Forbearance Period revocation period (if the last day of the revocation period falls on a Saturday, Sunday or holiday, the last day of the revocation period will be deemed to be the next business day). If no such revocation occurs, the General Release and this Agreement shall become effective on the termination eighth (8th) day following Service Provider’s execution of this First Amended Forbearance Agreement (the “Effective Date”). If Service Provider does not execute this Agreement or if Service Provider revokes such execution, this Agreement shall be null and void and neither the Company nor Service Provider shall have any rights or obligations under it. (g) The Company’s obligations set forth in this Agreement, including, without limitation, payment of the Retention Benefits described in Section 2(b) hereof, are strictly contingent upon Service Provider’s re-execution and non-revocation of this Agreement within twenty-one (21) days following the Transition Date. Upon Service Provider’s re-execution of this Agreement (the “Re-Execution Date”), Service Provider advances to the Re-Execution Date Service Provider’s release of all Claims contained in the General Release. Service Provider acknowledges and agrees that Service Provider has been advised by the Company that Service Provider has the right to revoke Service Provider’s re-execution of this Agreement for a period of seven (7) days after the Re-Execution Date, and if Service Provider wishes to revoke Service Provider’s re-execution of this Agreement, Service Provider must do so in a writing, signed by Service Provider and received by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇, no later than 5:00 p.m. local time on the seventh (7th) day of such revocation period (if the last day of the revocation period falls on a Saturday, Sunday or holiday, the last day of the revocation period will be deemed to be the next business day). If no such revocation occurs, the re-execution of this Agreement shall become effective on the eighth (8th) day following the Re-Execution Date. If Service Provider does not re-execute this Agreement or if Service Provider revokes such re-execution, this Agreement shall remain in full of force and effect, but Service Provider shall have no rights to the ObligationsRetention Benefits.

General Release. In consideration of, among other things, the Noteholders’ execution and delivery of this First Amended Forbearance Agreement, the Company and the SubsidiariesSeller, on behalf of themselves itself and their each of its past, present and future Affiliates, heirs, representatives, firms, corporations, limited liability companies, partnerships, trusts, associations, organizations, officers, directors, employees, investors, shareholders, members, partners, trustees, principals, agents, predecessors, successors, assigns, consultants, contractors, accountants, and attorneys (each, a “Releasing Party” and, collectively, the “Releasing Parties”), hereby absolutely, unconditionally and irrevocably releases, acquits and forever discharges the Company, its former, present and future Affiliates, parent and subsidiary companies (including the Subsidiary), joint ventures, predecessors, successors and assigns (including Purchaser and its Affiliates), and their respective former, present and future officers, directors, employees, shareholders, members, managers, partners, agents, attorneys, insurers and indemnitees (collectively, the “ReleasorsReleased Parties”), hereby forever agree ) of and covenant not to ▇▇▇ or prosecute against the Releasees (as defined below) and hereby forever waive, release and discharge to the fullest extent permitted by law, each Releasee from, from any and all claims manner of action or inaction, cause or causes of action, lawsuits, complaints or other proceedings, debts, liens, contracts, agreements, promises, liabilities, claims, demands, damages (whether for compensatory, special, incidental or punitive damages, equitable relief or otherwise), losses, fees, costs or expenses, of any kind or nature whatsoever, past, present, or future, at law, in equity or otherwise (including, without limitation, crossclaimswith respect to conduct which is negligent, counterclaimsgrossly negligent, rights willful, intentional, with or without malice, or a breach of set-off and recoupmentany duty, law or rule), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing fixed or hereafter arisingcontingent, whether arising at law concealed or hidden, whether disclosed or undisclosed, whether liquidated or unliquidated, whether foreseeable or unforeseeable, whether anticipated or unanticipated, whether suspected or unsuspected, which such Releasing Parties, or any of them, ever have had or ever in equity, the future may have against the Noteholders in Released Parties, or any capacity and their affiliates, shareholders and “controlling persons” (within the meaning of the federal securities law)them, and their respective successors which are based on acts, events or omissions occurring up to and assigns and each and all of including the officersClosing relating to the Assigned MNS Assets, directors, employees, agents, attorneys, advisors, auditors, consultants and other representative of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts whether or not now known, existing on or before the Amended Forbearance Effective Date, that relate to, arise out of otherwise are in connection with (i) any aspect of the business, operations, assets, properties, affairs or any other aspect of the Company or the Subsidiaries; (ii) any aspect Subsidiary, the operation of the dealings Company’s or relationships between the Subsidiary’s business or among the Company and the Subsidiaries, on the one hand, and the Noteholders, on the other hand, or (iii) the Indenture or any transactions contemplated thereby or any acts or omissions in connection therewith, by this Agreement (the “Released Claims”); provided, however, that the foregoing release shall not release release, impair or diminish, and the Noteholders from their express obligations term “Released Claims” shall not include, in any respect any rights of the Releasing Parties (i) under this First Amended Forbearance Agreement, the Indenture(ii) to indemnification under applicable laws, the Intercreditor Agreement and certificate of formation or the Collateral Agreements. In entering into this First Amended Forbearance Agreement, operating agreement of the Company and or the Subsidiaries consulted with, and have been represented by, legal counsel and expressly disclaim Subsidiary or (iii) under any reliance on any representations, acts or omissions liability insurance policy maintained by any of the Releasees and the Company and the Subsidiaries hereby agree and acknowledge that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 4 shall survive the expiration of the Forbearance Period and the termination of this First Amended Forbearance Agreement and payment in full of the ObligationsSubsidiary.